Process and devices for activating a drug measuring device, especially an alcohol measuring device

ABSTRACT

A process and an activation device (30) provides a user (B) activation of a drug measuring device (100). This drug measuring device includes an input unit (3), a testing unit (6) for testing given samples and an image recording device (12). The activation device (30) receives an activation image set (InB), which was generated by the drug measuring device or by a drug measuring device and at least one image (40, 40.1) from the image recording device. The received activation image set is checked as to meeting a predefined release criterion. For this the activation image set is compared with a predefined reference image set (35) for the user. If the release criterion is met, the drug measuring device is released for the user. An activation data set (32) for the user is completed by at least one image of the activation image set, which shows the user.

CROSS REFERENCE TO RELATED APPLICATIONS

This application claims the benefit of priority under 35 U.S.C. § 119 ofGerman Application 10 2019 007 620.6, filed Nov. 4, 2019, the entirecontents of which are incorporated herein by reference.

TECHNICAL FIELD

The present invention pertains to a process as well as to devices andsystems for activating and using a drug measuring device, especially analcohol measuring device.

TECHNICAL BACKGROUND

When a person consumes alcohol-containing beverages, gas is exchanged intheir pulmonary alveoli between the inhaled air and the alcoholconsumed. The inhaled fresh air therefore absorbs alcohol, and the airsubsequently exhaled contains alcohol. An alcohol measuring device iscapable of measuring the alcohol content in the exhaled air and therebyof determining the alcohol content in the blood—or of determining thatthe person tested is completely sober. Other drugs can be detected, forexample, in the saliva of a person, for which a corresponding drugmeasuring device is used.

It is known that authorized persons, for example, police officers,conduct a traffic control and use at least one drug measuring device inthis connection in order to test road users, especially to check whethertested automobile drivers are sober or not. Furthermore, it is knownthat a drug measuring device, especially an alcohol measuring device,may be installed in a motor vehicle. This drug measuring device onlymakes it possible to move the motor vehicle if it is positivelydetermined that the automobile driver is drug-free, especially sober.

It is known, furthermore, that it is possible to monitor from a distancewhether a human being is sober or not (Remote Alcohol Monitoring, RAM).Alcohol measuring devices for the RAM are known, for example, from US2016/0161468 A1 and US 2016/0153963 A1 as well as from US 2018/0313818A1.

US 2010/0108425 A1 describes an interlock system, which releases theignition of a motor vehicle only if the person, who is sitting in thedriver's seat, has been recognized as an “authorized operator” and ifthis person passes an “impairment test,” especially if no alcohol isdetected in the exhaled air. Biometric data of the person sitting in thedriver's seat are detected in step 420 of FIG. 4 and compared with anentry in an interlock data bank. If the person sitting in the driver'sseat is not recognized as an authorized person, a vehicle immobilizer istriggered. If the person is recognized as an authorized person (step450), it is checked whether a “court-mandated impairment test” is to becarried out (step 460).

In US 2008/0170762 A1, a breath sample, which has been exhaled by aperson, is tested for alcohol. In addition, a picture of that person istaken. This picture of the person, who has given the sample, is comparedwith a picture of a user, said photo of the user being stored in a databank. It is checked thereby whether the user or another person isactually being tested for alcohol.

SUMMARY

A basic object of the present invention is to provide processes anddevices for making it difficult to manipulate a drug measuring deviceduring use of the drug measuring device, especially of an alcoholmeasuring device, during remote alcohol monitoring.

The present invention is accomplished by an activation process havingfeatures according to the invention, by an activation device havingfeatures according to the invention, by a drug-measuring system havingfeatures according to the invention, by a monitoring system having thefeatures according to the invention and by a monitoring process havingthe features according to the invention. Advantageous embodiments aredescribed. Advantageous embodiments of the activation process are alsoadvantageous embodiments of the activation device, and advantageousembodiments of the monitoring system are also an advantageous embodimentof the monitoring process.

The drug measuring device, to which the processes and devices accordingto the present invention pertain, comprises

-   -   an input unit,    -   a testing unit and    -   an image recording device.

A person can give a user sample (a fluid sample), especially a breathsample or a saliva sample, from himself or herself by means of the inputunit.

The testing unit is capable of detecting the result that the content ofat least one predefined substance in a sample, which was given into thedrug measuring device, is above a predefined limit. Or it is capable ofruling this result out. The testing unit is optionally capable ofdetermining the content of the substance quantitatively. The substanceor substances for which the testing unit shall test a given sampleis/are predefined. The substance or a substance is especially alcohol,but it may also be another drug/narcotic. It is possible that thetesting unit is capable of testing the sample for different substancesand a respective limit each is predefined for each substance.

The image recording device is capable of generating at least one pictureof a person who is using the input unit in order to give a sample, andit is preferably capable of taking a plurality of pictures one afteranother.

The activation process according to the present invention is carried outwith the use of a data-processing activation device. The presentinvention pertains, furthermore, to such a data-processing activationdevice.

The activation device according to the present invention has read accessat least at times and write access at least at times to an activationdata bank. An activation data set for the user is stored in thisactivation data bank. This activation data set comprises a referenceimage set. The reference image set comprises at least one predefinedreference image, preferably a plurality of reference images. Thereference image or each reference image shows the face of the user.

An activation phase is carried out according to the present invention.This activation phase comprises the following steps:

-   -   The activation device receives an activation image set. This        activation image set was generated by the drug measuring device        and comprises at least one image, the image or each image of the        activation image set having been generated by the image        recording device of the drug measuring device to be released or        by the image-recording device of another drug measuring device.        The activation image set preferably comprises a plurality of        images. It is possible that the images of the activation image        set originate from the image recording devices of different drug        measuring devices.    -   The activation device checks whether or not the received        activation image set meets a predefined release criterion. This        check comprises the step that an image comparison is carried out        between the reference image set and at least one image of the        received activation image set. Each image of the reference image        set used for the image comparison shows the face of the user.    -   The activation device carries out this image comparison itself        automatically. Or else it triggers the step that such an image        comparison is carried out automatically or manually as well as        at a distance in space from the drug measuring device, and it        detects the result of the image comparison.    -   The activation device carries out the checking of whether or not        the release criterion is met as follows: The checking only        yields the result that the release criterion is met if at least        one image of the received activation image set has been        recognized according to the image comparison as an image that        shows the face of the user.    -   If the release criterion is met, the activation device releases        the drug measuring device for the user. It preferably changes        the activation data set for the user correspondingly. If the        release criterion is met, the activation device completes, in        addition, the activation data set for the user by at least one        image of the activation image set. The added image or each added        image has been recognized as an image that shows the face of the        user.

If the drug measuring device has been released for the user, it can beused by the user during a subsequent use phase. At least one drug testand preferably a plurality of drug tests one after another can becarried out for the user with the released drug measuring device duringthis subsequent use phase. It is checked during the drug test or duringeach drug test whether it is indeed the user or some other person who isgiving the sample. At least one image, which is comprised by theactivation data set for the user and shows the face of the user, andpreferably at least two images from the activation data set are used forthis checking. The released drug measuring device is preferably capableof transmitting a message on the result of a drug test to a receiverlocated at a distance in space.

As long as the drug measuring device has not yet been released for theuser, the user cannot yet use it for a drug test and, in particular, theuser cannot meet any condition or make any commitment with this drugmeasuring device, even if the user is already in possession of the drugmeasuring device. If the activation phase does not lead to a release ofthe drug measuring device for the user because the release criterion isnot met, the user is also unable to perform a drug test with thatdevice.

A drug measuring device is activated according to the present invention.The drug measuring device is released for a certain user during theactivation phase—or it is not released. This user must or shall or wantsto repeatedly give a sample each from himself or herself into the inputunit of the drug measuring device during the subsequent use phase, andthe testing device tests the given sample, i.e., it performs each timethere is a drug test. The human being, who does actually give a sample,will hereinafter be called “the giving person.” The “user” is the personwho must or shall or wants to use the drug measuring device in order tobe monitored, and to whom the activation phase pertains. The user shallbe the giving person. However, a person other than the user could give asample in order for the user to be able to hide a drug consumption. Thetwo different terms “user” and “person” will therefore be used.

The processes and devices known from the state of the art require that adrug measuring device be already assigned to a certain user and that theat least one image or biometric data, which show this user, be stored ina central data bank. The processes and devices check whether a person,who gives a drug sample, is indeed the authorized user and/or anotherperson, and/or whether this authorized person is under the influence ofdrugs or not. In particular, devices and processes for checking whethera user is allowed to put a motor vehicle into operation (interlocksystems and interlock processes) are known from the state of the art.The devices and processes known from the state of the art require atleast implicitly that a drug measuring device be already assigned to theuser without it being specified how this should happen. The devices andprocesses consequently describe the use phase, and predefined referenceimages of the user are used during the use phase according to the stateof the art. The gap, which happens prior to the use phase, is filled bythe activation process according to the present invention and by theactivation device according to the present invention.

According to the present invention, a drug measuring device is released,or also not released, for the user. A predefined reference image setwith at least one reference image is used for this release check, andthe reference image used or each reference image used shows the face ofthe user and originates, for example, from an official photo ID and/orhad been prepared by an authorized person. The feature that a referenceimage set is predefined and used for the release check makes it possiblefor the user to register at the activation device from a remote locationand to request from a remote location that a release check be carriedout. It is possible but, thanks to the present invention, not necessaryfor the user to visit a issue center or a service center for a releasecheck. This feature eliminates the need for the user to travel as wellas the necessity to disclose himself or herself as a sentenced drug userto a person at the issue center/service center.

Furthermore, it is possible, but, thanks to the present invention,unnecessary to keep respective suitable drug measuring devices availablein many issue centers or service centers or to have the technicalequipment and the qualified staff available at an issue center/a servicecenter for a release test. The user is not bound to the office hours ofan issue center. The user can rather generate the images of theactivation image set at any desired location as soon as the user is inpossession of the drug measuring device to be released, or of anotherdrug measuring device with an image recording device.

A user could be tempted to manipulate during the use phase while givinga sample in order to be able to consume a drug despite the sentence orcommitment, for example, in one of the following ways:

-   -   A sample is given into the input unit by another person or,        e.g., by a correspondingly trained pet or a robot rather than by        the user, who has been ordered to give the samples or has        committed himself or herself to give the samples into the input        unit.    -   The user does not give a sample that originates from their body,        especially no breath sample or saliva sample, but the user gives        in another manner a gaseous or liquid object to be tested in the        hope that the drug measuring device would incorrectly assume        that object given for testing to be a sample from the body of        the user and would test this sample for the drug. If this object        to be tested is free from the substance, the testing unit will        provide the negative result desired by the user.

The risk that the user will be successful with such an attemptedmanipulation is reduced thanks to the present invention, since images ofthe activation image set, which were taken by an image recording deviceof a drug measuring device and have “passed” the release test, can beused during the use phase.

On the other hand, the present invention diminishes the risk that anattempted manipulation is incorrectly assumed, even though the usergives a sample from himself or herself correctly. This may happen, forexample, if a picture of the face of the user is generated while thesample is being given and is compared with a stored comparison image,but the appearance of the user has changed compared to the time at whichthe reference images had been taken. This may also happen when thecomparison image was not taken by a drug measuring device and ittherefore differs significantly from the image taken at the time whenthe sample is being given.

These two desired effects, namely that the risk of an attemptedmanipulation is reduced and that a false alarm is generated less oftenbecause of a supposed attempted manipulation, are generated especiallyby the fact that the present invention makes it possible for an imagecomparison carried out during the use phase to have the followingfeatures:

-   -   Images are transmitted and used according to the present        invention both during the activation phase and during the        subsequent use phase in order to check whether the samples have        indeed been given by the user rather than by another person. The        use of images reduces the risk that what the user gives is not a        breath sample from himself or herself but something else        compared to the mere checking of fingerprints or other biometric        features. If only fingerprints were checked and compared, the        user could provide their fingerprint but another person could        give a sample. The use according to the present invention of        images reduces this risk markedly. The present invention may        also be used in combination with fingerprints.    -   An image comparison is carried out according to the present        invention between the reference image set and the received        activation image set during the activation phase. The comparison        needs to be carried out not only with the reference image but        with at least one image of the activation image set. It is        possible to use for this image comparison only images of the        activation image set that do indeed show the face of a person        with a sufficient image quality and, in particular, it is        possible not to use any reference image at all.    -   The activation data set is completed according to the present        invention for the user by at least one image of the activation        image set, which image shows the face of the user according to        the image comparison and not that of another person or something        else.    -   According to the present invention, an image comparison is        carried out during the activation phase between the reference        image set and at least one image of the received activation        image set. This image comparison may be carried out at a        distance in space from the drug measuring device, which makes it        possible to make available for this image comparison a higher        computing power than is usually available in a motor vehicle or        in a portable device or in the home of a user. Since this image        comparison is carried out once during the activation phase, the        image comparison can be carried out automatically with a        high-performance computer or manually by an authorized person.        This reduces the risk of an incorrect result of the image        comparison during the activation phase. Such an image comparison        with a lower risk of an incorrect decision would not be possible        or it would not at least be practical if a corresponding image        comparison would have to be carried out at the time of each drug        test during the use phase.    -   The image comparison during the use phase can be carried out        between images that were generated during the activation phase        by the drug measuring device and images that were generated        during the use phase by the same drug measuring device or by        another similar drug measuring device. It is possible thereby to        rule out the risk of an error that could result from the fact        that significantly different image recording devices are used        during the activation phase and during the use phase, for        example, the image recording device of a Smartphone or a special        digital camera and the image recording device of the drug        measuring device during the use phase only.    -   It is made easier, even during the activation phase, to use only        images for the image comparison that show a person during the        giving of a sample into the input unit. As a rule, such an image        shows a part of the input unit. It is possible to allow only        such images during the activation phase.    -   It is made possible to use different images of the user for the        image comparison, these images having been transmitted as parts        of the activation image set and these images showing the user        under different light conditions and/or from different viewing        directions.

The present invention makes it possible for the user to use the drugmeasuring device released for them during the subsequent use phase andto give a sample from himself or herself repeatedly into the drugmeasuring device according to the predefined conditions of a sentence orcommitment. In order to avoid an attempted manipulation, at least onepicture of the giving person is generated during the use phase and iscompared with at least one image and preferably with a plurality ofimages, said image or each image used for the comparison belonging to anactivation data set for the user and being stored in a central use databank. The present invention makes it possible to use for this comparisonat least one image of the activation data set, which was added to theactivation data set during the activation phase. This image may have asufficient image quality and show the face of the user completely, whilethe user is giving a sample. This image was likewise generated by thedrug measuring device to be released or by another drug measuringdevice. Since at least one such image can be used for the comparison,the risk that a person other than the user gives a sample undetected, onthe one hand, and, on the other hand, the risk that the user gives fromhimself or herself something else rather than a correct sample isreduced, because the user must have a greater distance to the input unitfor doing so than in case of giving a sample correctly.

More time is frequently available during the activation phase for animage comparison, especially for a manual image comparison by anauthorized person, than during the use phase. The images added duringthe activation phase therefore often show the face of the user with ahigher image quality than does a predefined reference image, and theimage comparison during the subsequent use phase will lead to a correctresult with a higher level of certainty. In addition, the images aregenerated by drug measuring devices, in one configuration always by thesame drug measuring device, during both the activation phase and the usephase. It becomes possible that an authorized person will perform theimage comparison manually (visually) or check visually the result of animage comparison carried out automatically during the activation phase.Such a manual image comparison or a manual checking of a comparisoncarried out automatically would not, as a rule, be practical during theuse phase.

The activation process according to the present invention is carried outwith the use of an activation device. This activation device accordingto the present invention is preferably arranged at a distance in spacefrom the drug measuring device to be released and is thereby betterprotected from a possible manipulation by the user. The activationdevice preferably carries out an activation phase each for a pluralityof drug measuring devices, as a rule, for different users. As a result,it can have a higher computing capacity and/or higher storage capacity.

The present invention makes it possible for the drug measuring device totransmit images of the face of the user again during the use phase, andthese images are preferably compared with at least one reference imageand/or with at least one image transmitted as a part of the activationimage set. This leads to a higher level of certainty in avoiding a falsealarm, which could otherwise occur if the appearance of the user changesin the course of the use phase, for example, because hair grows or fallsout or the user now has a beard or wears eyeglasses or has no beard oreyeglasses any more or a scar appears or disappears again on the face ofthe user during the use phase. The risk that the user makes an attemptedmanipulation on this occasion and transmits images of another personduring the use phase can be reduced.

In case the sample is given correctly, each image, which is generated ofthe person giving the sample during the use phase, inherently shows, asa rule, at least a part of the drug measuring device, especially theinput unit. It is possible that the image or each image used for thecomparison in the use data set for the user likewise shows this part ofthe drug measuring device in addition to the face of the user, this partbeing a part of the same drug measuring device or at least of a similardrug measuring device. A predefined reference image shows, as a rule, nodrug measuring device.

The risk that this image comparison yields an incorrect result duringthe use phase would be much greater if only the reference image or apredefined reference image, which does not, as a rule, show an inputunit of a drug measuring device, were exclusively used during the usephase as well. Consequently, the present invention reduces the risk thatan image comparison during the use phase yields an incorrect result,especially that the giving person is wrongly not recognized as the user.

An activation data set for the user is stored according to the presentinvention in the activation data bank. This activation data setcomprises a reference image set with at least one predefined referenceimage. The reference image or each predefined reference image shows theface of the user. The reference image belongs, e.g., to an officialpersonal document (identity card or passport or driver's license) or isa part of an official document on the user or was taken by an authorizedperson. The reference images are not necessarily generated with theimage recording device of the drug measuring device and they do notnecessarily show the input unit of the drug measuring device. It ispossible to take the reference images in an environment and in asituation in which a manipulation is ruled out or is made at least verydifficult. At least one reference image may meet an officialspecification on an image for a photo ID. As a rule, thesespecifications rule out the possibility that the image could show aninput unit. During the generation of the reference images, the user doesnot necessarily need to carry the input unit of the drug measuringdevice with him, because the user would then have to disclose himself orherself as a potential drug user. In addition, the reference images canbe prepared before the drug measuring device is made available to theuser.

The process according to the present invention and the device accordingto the present invention consequently use two types of images:

-   -   On the one hand, the reference images, which can be prepared in        a tamper-proof manner, show indeed the face of the user, but are        not necessarily taken by means of the drug measuring device and        not necessarily taken with the viewing directions and light        conditions that occur during the activation phase and during the        subsequent use phase, and    -   on the other hand, the images of the activation image set, which        are generated by the drug measuring device or by a drug        measuring device, and therefore under the same or at least        similar conditions as during the subsequent use phase, which do,        however, possibly show a person other than the user; this        deliberate manipulation or this error is, as a rule, detected by        the image comparison according to the present invention.

An image comparison, during which at least one reference image iscompared with at least one image, which was transmitted as a part of theactivation image set, is carried out according to the present inventionduring the activation phase. In one configuration, the activationdevice—or a special image comparison device—carries out this imagecomparison automatically.

In another configuration, the activation device triggers the processthat an authorized person carries out this image comparison. Theactivation device generates a comparison, which shows the referenceimage or a reference image as well as the image or an image of theactivation image set. The authorized person can preferably change theview of an image, for example, allow a displayed image to rotate, tobecome enlarged or reduced by calculation. The authorized person entersthe result of the image comparison. The activation device detects theinputted result.

This image comparison is preferably carried out remotely from the drugmeasuring device. Since the image comparison is carried outautomatically by the activation device or by the special imagecomparison device or else manually (visually) by the authorized person,the risk that the result of this image comparison is manipulated with isreduced. In particular, it is made difficult for the user or anotherperson to influence the performance or the result of the imagecomparison in an unauthorized manner.

In a first alternative, the activation device carries out the imagecomparison between the reference image set for the user and at least oneimage of the activation image set automatically. In a secondalternative, the activation device triggers the image comparison anddetects the result of the image comparison, i.e., it detects an input ofan authorized person or an output of a special image comparison device,this input or output comprising the information of which image of theactivation image set shows the face of the user and which does not. Theperson who enters the result of the image comparison preferablyauthorized himself or herself before by a usual authorization process.The image comparison is carried out at a distance in space from theactivation device and at a distance in space from the drug measuringdevice in the first alternative and preferably also in the secondalternative. The image comparison may be carried out automatically inthis second alternative as well, e.g., by a separate image comparisondevice in this case, which may be responsible for a plurality ofactivation devices and may therefore have a large computing capacity. Itis also possible that an authorized person carries out the imagecomparison manually (visually). The activation device triggers the stepthat an image of the activation device and a reference image aredisplayed on an output device, e.g., on the same screen or next to oneanother or vertically or obliquely one on top of another on two screens.An input, which is carried out by the authorized person, is detected andsent to the activation device.

The two possible configurations of the second alternative may also becombined with one another. The image comparison device compares theimages automatically, and an authorized person checks the automaticallyobtained result of the image comparison and confirms or overrides this.The activation device decides on whether the release criterion is met ornot depending on a detected input or on at least one detected input.

In a preferred configuration, the drug measuring device is madeavailable to the user already before the activation phase, for example,it is given to them in person or is sent to them by mail. Thisconfiguration makes it easier to manufacture a plurality of drugmeasuring devices of the same type and then to carry out a respectiveactivation phase for each drug measuring device for a user. The steps ofthe activation phase may be carried out at any desired location. It ismade possible, in particular, that images are generated during theactivation phase at the location or at least at a location at which thedrug measuring device will be used during the subsequent use phase. Thisconfiguration reduces the risk that a picture of the giving person willbe wrongly classified during the use phase as a picture not originatingfrom the user because the ambient conditions during the activation phaseand during the use phase differ significantly from one another. Inparticular, the images of the activation image set and the images thatare generated during the subsequent use phase preferably originate fromthe same drug measuring device, which has already been made available tothe user prior to the activation phase, or at least both originate fromone drug measuring device.

The activation device is preferably positioned at a distance in spacefrom the drug measuring device in this configuration. The release of thedrug measuring device for the user triggers the step that a releasemessage is transmitted to the drug measuring device. The drug measuringdevice then puts itself into a state or is put from the outside into astate in which it is capable of carrying out at least one drug test. Forexample, a password is sent to the user. This configuration reduces therisk that the user uses a drug measuring device that has not yet beenreleased for a drug test.

In one configuration of this embodiment, the user picks up the drugmeasuring device at an issue center. The drug measuring device is thenin the possession of the user, but it is not yet released for the user.In another configuration of this configuration, the activation data setcomprises for the user a predefined mailing address. After the user hasregistered and at least one reference image of the user is available,the process of sending and/or transporting the drug measuring device tothe predefined mailing address is triggered. The drug measuring deviceis preferably transported to the mailing address already before theactivation phase. This other configuration eliminates the need to haveto keep a suitable alcohol measuring device in stock at many issuecenters. It is sufficient that a sufficient number of drug measuringdevices are available in a central warehouse.

The activation phase is then carried out in both configurations, i.e.,after the user has come into possession of the drug measuring device. Asa result, the drug measuring device with the image recording device isavailable for generating the images of the activation image set. Thesame image recording device of the drug measuring device is preferablyused during the activation phase and during the subsequent use phase,which reduces the risk of an incorrect result during an imagecomparison, compared to a possible configuration in which differentimage recording devices are used.

In another configuration, the activation phase is carried out firstwithout the user being in possession of the drug measuring deviceintended for him, and the drug measuring device is then sent to theuser, e.g., to the predefined mailing address, or is made available forbeing picked up in person when the activation device has released it forthe user. The user goes to the location at which the drug measuringdevice is located, and the image recording device of the drug measuringdevice generates at that location the images of the activation imageset. This configuration eliminates the need to have to return or to sendback a drug measuring device after an unsuccessful release process. Theuser rather takes the drug measuring device with them when it isreleased for him. In addition, this configuration reduces the risk ofmanipulations and damage because the user is not yet in possession ofthe drug measuring device at the time of the activation.

In a variant of this configuration, the images of the activation imageset are generated by the image recording device of a reference drugmeasuring device. The further steps of the activation phase pertain to asecond drug measuring device, which is different from the reference drugmeasuring device and which is released for the user—or is not released.Each further drug measuring device and the reference drug measuringdevice may be similar devices or at least comprise similar imagerecording devices.

In this modified configuration, the drug measuring device that isreleased for the user after a successful activation phase does notnecessarily have to be available at the location at which the images ofthe activation image set are generated. It is sufficient to provide atthis location a reference drug measuring device, and this reference drugmeasuring device can be used to release different additional drugmeasuring devices one after another, even for different users. Theactivation image set is transmitted from the reference drug measuringdevice to the activation device. The images of the activation image setare also generated by the image recording device of a drug measuringdevice in this different configuration, preferably during the use isgiving a sample, and not by an image recording device of another type.

The step in which a person is giving a sample from himself or herselfmay especially comprise the step that the person releases a breathsample into the input unit or gives a saliva sample into the input unit.

The drug measuring device can be configured such that a user of the drugmeasuring device can carry with them the complete device or at least apart with the input unit and the testing unit. The need for a user to goto a certain location to give a sample during the use phase is thuseliminated. The user can rather carry out the giving of a sample intothe input unit at a location at which the user wishes to be. It is madepossible to request the immediate giving of a sample from the userduring the use phase without the user knowing the time at which thisrequest will be made in advance, and the user can indeed give therequested sample immediately thanks to the mobile device. Thus, the usercannot argue that the user could not give a sample because no device wasavailable. This configuration reduces the risk that the user ingests adrug undetected.

This preferred configuration with a mobile drug measuring device ormobile part is especially advantageous when the user is sentenced basedon a court decision to give a sample from himself or herself into a drugmeasuring device repeatedly. As a result, it shall be checked whetherthe user is indeed sober, i.e., has not consumed alcohol and/or at leastone other drug predefined for the testing; more precisely, it shall bechecked whether or not the content of at least one predefined drug inthe body of the user is below a predefined detection limit or anotherpredefined limit. It is also possible that the user has committedhimself or herself to undergo such a regular check. Thanks to the mobiledrug measuring device, the user can comply with this court-orderedcondition or commitment even if the user has to or wants to give asample several times daily, e.g., at randomly predefined times, and cannevertheless pursue an occupation and/or leisure activities.

In a preferred embodiment, the activation device sorts out the imagesthat do not meet a predefined quality criterion from the activationimage set received before an image comparison. Examples of suchsorted-out images are:

-   -   The image does not show completely the face of a person but only        a part of the face.    -   The image does not show a person at all or it does not show the        face of a person.    -   The image was taken under unsuitable light conditions and        therefore has no sufficient contrast.    -   The image shows the face of a person with an excessively low        resolution, for example, because the person was positioned too        far from the image recording device or the image recording        device had an incorrect setting or an unsuitable image recording        device was used.    -   The image shows the face of a person in front of an unsuitable        background, for example, in front of a window or of a light        source (back-lighting) or in front of a high-contrast wall.

This feature that unsuitable images are sorted out reduces the number ofimage comparisons necessary during the activation phase. Nevertheless, arelease of the drug measuring device is still possible, namely if theactivation image set comprises a sufficient number of images, which meetthe quality criterion and show the face of the user. In other words, theactivation device identifies the images of the received activation imageset that meet the predefined quality criterion, especially show the faceof a person completely and/or have a sufficient image quality and/orwere taken under suitable light conditions.

According to the present invention, the activation data set is completedby at least one image, which shows the face of the user. This image oreach added image preferably meets the predefined quality criterion.

According to the present invention, the activation device checks whetheror not the received activation image set meets a predefined releasedcriterion. In one configuration, a minimum number N of transmittedimages are predefined. The release criterion is only met if at least Nimages of the activation image set have been recognized as being imagesthat show the face of the user. These N images preferably must meet thequality criterion. It is, of course, possible that the release criterionis not met even if at least N images originate from the user, forexample, because the quality criterion is met by too few images.

An image of the person who is giving a sample into the input unit of thedrug measuring device is likewise taken during the use phase. The givingperson looks in a defined viewing direction relative to the imagerecording device during the image generation. This viewing direction mayvary from one sample to the next, even if a defined viewing direction ispredefined for the user.

It would often be undesirable to suspect an attempted manipulation or aviolation of the court-ordered condition or the commitment merelybecause different viewing directions occur during different samples. Aset of at least two different viewing directions of a person relative tothe image recording device are therefore predefined in oneconfiguration. The release criterion is predefined such that it is onlymet if the activation image set always comprises for each predefinedviewing direction at least one image, preferably an image that meets thepredefined quality criterion. The release criterion is preferably met ifthe images that have been recognized as showing the user do all show theuser in all predefined, different viewing directions relative to theimage recording device. These images must preferably meet the qualitycriterion. The configuration with at least two different viewingdirections reduces the risk of a false alarm, which could otherwiseoccur if the user is always looking in a first direction relative to theimage recording device during the taking of the images during theactivation phase and is looking in another direction while giving asample during the use phase.

In an alternative configuration, the release criterion is met if theimages show the user under at least two different light conditions. Thisconfiguration takes into consideration the possibility that the usercarries out drug tests one after another under different lightconditions during the use phase, especially based on different seasonsor if the drug measuring device is a mobile device and can thereforealso be used during travels. The release criterion is preferably metonly if the activation image set of the user comprises images of asufficient quality under different light conditions, especially in eachlighting situation of a predefined set of lighting situations. Thisconfiguration also reduces the risk of false alarms.

The two configurations with the viewing directions and with the lightconditions can be combined, i.e., the activation image set must compriseimages with different viewing directions and different light conditions,which preferably meet the quality criterion.

According to the present invention, the activation device carries out animage comparison between the reference image set for the user and atleast one image of the received activation image set, preferably acomparison of the reference image set with each image of the activationimage set, which image meets the quality criterion. In a preferredembodiment, the activation device—or a special image comparison devicelocated at a distance in space—carries out during this image comparisonat least one individual comparison between an image of the activationimage set and a predefined reference image of the activation data set.During each individual comparison, it calculates a degree of agreementbetween these two images. If this degree of agreement is above apredefined limit, the activation device decides that the checked imageof the activation image set does indeed show the user.

The activation device preferably carries out first a registration phaseand then the activation phase according to the present invention. Theregistration phase comprises the following steps:

-   -   The activation device receives a registration message. This        registration message comprises the reference image of the user        or a predefined reference image of the user and optionally        additional data on the user, e.g., a copy of a court-ordered        sentence and/or a mailing address.    -   The activation device enters the activation data set for the        user in the activation data bank, doing this such that this        activation data set comprises the reference image set with the        reference image or with each reference image that was        transmitted as a part of the registration message.

The configuration with the registration phase makes it possible that theuser will register himself or herself and trigger the activation fromthe distant location without having to visit a registration office.

It is possible that the user intentionally or unintentionally generatesimages not only of himself or herself but additionally also images of atleast one other person, who is likewise giving, for example, a sample,during the activation phase. The activation image set may comprise inthis case images of at least two persons. In one configuration, theactivation device—or a special image comparison device located at adistant location—groups in one configuration at first the images of theactivation image set by calculation. It preferably uses for this onlythe images that meet the predefined quality criterion. The activationdevice generates at least one group of images of the activation imageset. All images of a group show the same person, and two images of twodifferent groups always show different persons. It is possible that onegroup comprises the images that do not show the face of a personcompletely. If only a single group is generated during this grouping,all images of the activation image set—or at least those with asufficient image quality—show the face of the same person, but notnecessarily the face of the user. These images are then compared withthe reference image set.

If, by contrast, at least two different groups have been generatedduring this grouping, the release process is interrupted in oneconfiguration because an attempted manipulation is suspected. In anotherconfiguration, the activation device automatically selects a group andcarries out image comparisons between the reference image set and theimages of the selected group. The activation device uses the referenceimage set for the selection of a group. This selected group is comparedwith the reference image set. This configuration reduces the number ofnecessary image comparisons. It preferably selects the group that hasthe lowest degree of non-agreement with the reference image set. Thisconfiguration reduces the risk that the incorrect group will beselected.

In a preferred configuration, the activation device releases the drugmeasuring device for the user only if it was determined that at leastone image shows the face of the user and it was determined, moreover,that this image shows the user while the user is giving a user sampleinto the input unit. The drug measuring device preferably generates acorresponding instruction and outputs this instruction in a formperceptible by a human being.

This configuration further reduces the risk that an image, which wasgenerated in the subsequent use phase, is wrongly classified as an imagethat does not show the face of the user, because if the drug test iscarried out correctly, each image generated by the image recordingdevice shows during the use phase the face of a person, while thisperson is giving a user sample into the input unit. An image that showsthe face of a person while this person is giving a user sample thereforeshows, as a rule, at least partially the input unit and it thereforediffers from an image that shows the face of the same person but not theinput unit.

In one configuration, the activation device is located at a remotelocation in space from the drug measuring device. The same activationdevice for a plurality of drug measuring devices is preferably capableof carrying out the respective activation phase, and the activation databank comprises activation data sets for a plurality of users with arespective reference image set for each. This configuration makes iteasier to embody the activation device on a central data processing unitand to enable an authorized person in a center to carry out a manualimage comparison without the user necessarily going to the center. Thedrug measuring devices can have a simpler configuration than if they hadto carry out the release check themselves.

In another configuration, the activation device is a part of the drugmeasuring device and comprises, e.g., a software program, which can runon a control device or on a processor of the drug measuring device, aswell as a local memory, in which the activation data bank with theactivation data set for the user is stored. This configuration reducesthe amount of data that the drug measuring device must exchange with acenter during the activation phase. It is sufficient to transmit theresult of the release check as well as the images of the activationimage set that show the face of the user with a sufficient image qualityand shall be used during a subsequent use phase to the center and,conversely, to transmit the result of the release check to the drugmeasuring device.

The local software program selects the images that show the face of aperson completely with a sufficient image quality. The release checkwith the image comparison is preferably carried out in the center inorder to reduce the risk of a successful manipulation. The system forthe image comparison needs therefore be present only once and can beused for a plurality of drug measuring devices. It is possible, instead,to carry out the release check with the image comparison locally on thedrug measuring device during the activation phase as well.

In a preferred configuration, the drug measuring device comprises anoutput unit, on which instructions can be outputted to a human being ina form perceptible for a human being. The drug measuring device isconfigured for this purpose to output on this output unit instructionson how the image or the images of the activation image set shall begenerated during the activation phase. This configuration reduces therisk that the drug measuring device will not be released for the userbecause the user does not allow images of them to be generated in thecorrect manner.

One configuration of the present invention pertains, furthermore, to anactivation unit, which comprises the activation device according to thepresent invention as well as the activation data bank with theactivation data set for the user. The activation device has read accessat least at times and write access to the activation data bank at leastat times.

According to the present invention, the activation device releases thedrug measuring device for the user when the release criterion is met. Ina preferred configuration, the release comprises the step that a releasemessage is transmitted to the drug measuring device. As soon as the drugmeasuring device receives the release message, the drug measuring deviceputs itself into a state in which it can be used for carrying out atleast one drug test. The release message may comprise a password. Theentry of this password releases the drug measuring device for the user.The released drug measuring device is preferably capable of transmittinga message on the result of a drug test to a receiver located at adistance in space. In addition, the activation data set is completed bya remark that the drug measuring device is released.

A use phase is preferably carried out after successful activation andrelease. The drug measuring device makes it possible during the usephase for a person to give a sample each repeatedly into the drugmeasuring device.

The testing unit checks each time after a sample has been given whetherthe content of at least one predefined substance is above or below thepredefined limit, and it generates a result of the test. The imagerecording device of the drug measuring device generates at least oneimage of the person who uses the input unit in order to give a samplefrom himself or herself. The image recording device preferably generatesa plurality of images with different viewing directions and/or underdifferent light conditions during the giving of a sample.

A data processing unit checks during the use phase each time after asample is given whether this sample has indeed been given by the user orby another person. This data processing unit is preferably arranged at adistance in space from the drug measuring device in order to makemanipulations by the user difficult, and it can receive and processmessages from a plurality of drug measuring devices. The data processingunit may be identical to the activation device or it may be separatedfrom it in space. It is, however, also possible that this dataprocessing unit is a part of the drug measuring device.

The data processing unit has read access at least at times to a use databank, in which a use data set for the user is stored. This use data setcomprises at least one image of the user, preferably two images, whichshow the user from different viewing directions and/or under differentlight conditions. This use data set is identical to the activation dataset for the user in the activation data bank or it was generated withthe use of the activation data set in the activation data bank. The usedata set in the use data bank preferably comprises at least one image ofthe activation image set, which shows the user, especially preferably aplurality of images from different viewing directions and/or underdifferent light conditions. The use data set preferably consistsexclusively of at least one image, preferably of a plurality of images,of the activation image set, i.e., it comprises no reference image. Thisconfiguration ensures that only images that were generated by an imagerecording device of a drug measuring device and therefore show, as arule, at least partially an input unit are used during the use phase.The risk that an image generated during the use phase is wronglyclassified as not originating from the user is reduced.

As was mentioned already, the image recording device generates at leastone image of the person who is giving the sample during the giving of asample. This image or each image that was generated of the giving personduring the giving of the sample is transmitted to the data processingunit used during the use phase.

The data processing unit checks during the use phase after the giving ofeach sample whether the transmitted image or each transmitted imageshows the face of the user or else somebody or something else. For thiscomparison, the data processing unit compares the transmitted image oreach transmitted image with the image or with at least one image thatbelongs to the use data set for the user in the use data bank and showsthe face of the user with a sufficient image quality.

In an alternative, the data processing unit automatically decideswhether the sample was given by the user for whom the drug measuringdevice is released or by someone else. In another alternative, the dataprocessing unit triggers the step that a system located at a distance inspace or an authorized person makes the decision on whether or not thetransmitted image or each transmitted image shows the user and recordsthe result of the decision.

In one configuration, the result that was obtained by the testing unitduring the testing of the sample given is also transmitted to the dataprocessing unit, and the data processing unit completes the use data setfor the user in the use data bank by the result of the testing,preferably associated with a time stamp, which indicates when the samplewas given. In a different configuration, the use data set is onlycompleted by the result of the test if it was decided that the samplewas given by the user rather than by someone else. If the sample wasgiven by someone else, this result is stored associated with the timestamp but not necessarily with the test result.

The data processing unit preferably generates during the use phase analarm when at least one of the following two events is detected:

-   -   The testing unit has detected that the content of the predefined        substance or of one predefined substance in the sample given is        above the predefined limit.    -   The data processing unit has decided that the sample was not        given by the user.

The data processing unit preferably triggers the step that this alarm isoutputted in a center, and in a form perceptible by a human being. Anauthorized person, e.g., a probation officer for the user or acustodian, may trigger a suitable step, e.g., in order to protect peoplein the environment of the user, and/or the user can take steps for therelease to be revoked for the user.

In one configuration, it is left up to the user to select the time forgiving a sample. In a preferred configuration, the drug measuring deviceor the data processing unit used during the use phase determines, bycontrast, at least once and preferably repeatedly, a time at which asample shall again be given, for example, according to a predefinedplan. As an alternative to the determination, the drug measuring deviceor the data processing unit itself sets automatically the time or atleast one time at which the user is to give a sample, for example, bymeans of a random generator.

As soon as the determined or set time or such a determined or set timehas come, the drug measuring device outputs a prompt for giving asample, said prompt being outputted in a form perceptible by a humanbeing. The drug measuring device preferably outputs a latest permissibletime for giving a sample, so that the user has time to give the sample,but the drug cannot have been decomposed in the body of the user by thetime the same is to be given.

In a variant of this configuration, the use data set for the usercomprises in the use data bank a predefined implementation regulation,which is assigned to the user and is available to the computer. Thisimplementation regulation comprises specifications of how samples are tobe given. The regulation preferably comprises a specification of howoften and/or at what time intervals a sample is to be given. The drugmeasuring device or the data processing unit uses this implementationregulation in order to determine or to set itself a time at which asample is to be given.

The drug measuring device and/or the data processing unit preferablycheck whether a sample was indeed given at a determined or set time. Ifit was detected that no sample was given, the drug measuring device orthe data processing unit triggers, in turn, the step that an alarm isoutputted in the center in a form perceptible for a human being.

As was mentioned already, the data processing unit checks during the usephase each time after a sample was given whether the sample was given bythe user or by somebody else. The data processing unit uses for thischecking the use data set for the user in the use data bank, this usedata set comprising at least one image of the user, preferably aplurality of images of the user, from the activation image set,preferably with a sufficient image quality.

In one configuration, the data processing unit and the use data bank areparts of the drug measuring device. The respective result of each test,especially preferably together with a time stamp, is preferablytransmitted to a central logging and data processing unit located at adistant location in space and is stored in a central logging data setfor the user, e.g., in the activation data set of the activation databank or in a special logging data set for the user. In anotherconfiguration, the data processing unit and the use data bank areseparated in space from the drug measuring device. Use data sets for aplurality of users are preferably stored in the use data bank, and thedata processing unit receives messages from a plurality of drugmeasuring devices. A message is transmitted to the testing unit eachtime after a sample was given. This message comprises the result, whichthe testing unit of the drug measuring device determined, preferably atime stamp of the time at which the sample was given and, in oneconfiguration, at least one image of the person giving the sample and inanother configuration a result obtained locally from the drug measuringdevice on whether the sample was given by the user or by somebody else.

The drug measuring device preferably has additionally a device code.This device code distinguishes the drug measuring device from all otherdrug measuring devices, which are capable of transmitting messages tothe data processing unit. In one configuration, the image or each imageof the activation image set comprises this device code or a device codeof the image recording device of the drug measuring device. It isensured thereby that the images of the activation image set do indeedoriginate from the image recording device of this drug measuring deviceand not from another image recording device.

The use data set for the user in the use data bank is completed by thedevice code of this drug measuring device at the latest after the drugmeasuring device has been released for the user. The data processingunit determines during the use phase with the use of the device code theuse data set for the user and completes this use data set by the resultof the giving of the sample.

The use data set for the user in the use data bank comprises at leastone image, preferably a plurality of images, of the user, these imageshaving been generated during the activation phase and having beenrecognized as originating from the user, meeting the quality criterionand preferably showing at least partially the input unit.

In one configuration, only images from the activation phase, i.e., fromthe activation image set, are used during the use phase in order tocheck whether a sample was indeed given by the user or by someone else.

In another configuration, the use data set is completed during the usephase by at least one additional image, the image recording device ofthe drug measuring device released for the user having generated theadditional image or each additional image. The data processing unitchecks whether an image, which was transmitted during the use phase tothe data processing unit, meets a predefined additional criterion. Thisadditional criterion is met only if the transmitted image has beenrecognized as being an image that shows the face of the user andpreferably only if the image does, moreover, have a sufficient imagequality.

If the additional criterion is met, the data processing unit completesthe use data set for the user in the use data bank by the image. Thisother configuration, in which the use data set is completed during theuse phase by at least one additional image, reduces the risk of a falsealarm especially when the face of the user changes abruptly or graduallyduring the use phase, for example, because the user has a differenthairstyle or is growing a beard or uses eyeglasses at times.

A configuration of the present invention pertains to a drug-measuringsystem, which is capable of testing a user for drugs, especially foralcohol consumption. This drug-measuring system comprises

-   -   a drug measuring device, especially an alcohol measuring device,    -   a use data bank, and    -   a data processing unit, which is located at a distance in space        from the drug measuring device.

The drug measuring device comprises again an input unit, a testing unitand an image recording device.

The use data bank comprises a use data set. Thus use data set comprises

-   -   a device code of the drug measuring device as well as at least    -   one image of the user, preferably at least two images of the        user. These at least two images preferably show the user from        different viewing directions and/or under different light        conditions.

The data processing unit has read access at least at times and writeaccess to the use data bank at least at times.

The drug measuring device is capable of generating an image of a person,who has given a sample into the drug measuring device, and oftransmitting it to the data processing unit, preferably together with adevice code of the drug measuring device.

The data processing unit is capable of comparing the image or each imagethat shows a giving person and has been transmitted to the dataprocessing unit with at least one image, which is comprised by the usedata set for the user. The data processing unit is preferably configuredto compare each transmitted image with each image of the use data set.

The data processing unit is capable, furthermore, of decidingautomatically whether the sample was given by the user or by anotherperson, and of making this decision depending on the comparison betweenthe images. As an alternative, the data processing unit is capable oftriggering a decision on whether the sample was given by the user or byanother person and of triggering in the process a corresponding imagecomparison and of detecting a corresponding decision on the result ofthe image comparison.

After the decision that the sample was indeed given by the user, thedata processing unit is preferably capable of completing the use dataset for the user by the transmitted result of the testing of the samplegiven. The data processing unit is preferably capable, in addition,after a decision that the sample was given by the user, of completingthe use data set by the transmitted image or a transmitted image.

The drug-measuring system may be configured as a portable device, forexample, as a part of a Smartphone or of a portable computer. It mayalso be configured for a stationary operation, for example, in the homeof a user. It may also be installed in a motor vehicle of the user andit may also be in a communication connection with a vehicle immobilizerfor the motor vehicle (interlock system). The vehicle immobilizer isdeactivated and the person sitting in the driver's seat can drive themotor vehicle only if the person sitting in the driver's seat isrecognized as the registered user and has been classified as being freefrom drugs. It is also possible that the drug measuring device isconfigured as a portable device, while the data processing unit and theuse data bank are configured as stationary devices, running, forexample, on the same central computer.

One configuration of the present invention pertains, furthermore, to asystem and to a process for monitoring a drug measuring device,especially an alcohol measuring device. This drug measuring device isreleased in one configuration by the above-described process for a userand is preferably used during the use phase as was described above. Thedrug measuring device to be monitored comprises

-   -   an input unit for giving a sample,    -   a testing unit and    -   an image recording device.

The monitoring system comprises

-   -   at least one environmental sensor,    -   an analysis unit,    -   a control device and    -   a first data transmission unit.

The environmental sensor or each environmental sensor of the monitoringsystem is capable of measuring one ambient condition each, wherein thedrug measuring device is used, can be used or could be used under thisambient condition.

A desired range is predefined for each ambient condition. If the ambientcondition is within this desired range, it has no harmful effect on thedrug measuring device. The analysis unit is capable of receiving signalsfrom the environmental sensor or from each environmental sensor and ofdetecting the result that at least one ambient condition is outside thepredefined desired range. This ambient condition was measured by theenvironmental sensor or by an environmental sensor.

In response to the fact that the analysis unit has detected a measuredambient condition outside the respective desired range, the controldevice is capable of generating a signal. This signal characterizes theevent that an ambient condition outside the desired range has beendetected.

The control device is capable of prompting the first data transmissionunit to transmit a message with this signal to at least one predefinedreceiver. The receiver is located outside the drug measuring device,preferably at a distance in space. The first data transmission unit iscapable of transmitting this message to this receiver.

The corresponding steps are carried out in the monitoring processaccording to the present invention.

This monitoring system and this monitoring process are capable ofdetecting whether the drug measuring device is exposed to an ambientcondition under which the drug measuring device cannot test a sample atall or it cannot test it with sufficient reliability, and/or whether itis exposed to an ambient condition under which the drug measuring devicecannot send any messages any longer to a receiver located at a distancein space. A user may accidentally or even intentionally expose themonitored drug measuring device to such an unacceptable ambientcondition in order to be able to use drugs undetected. The monitoringsystem and the monitoring process thus reduce the risk that the user canthus use drugs in this manner undetected. A receiver located at a remotelocation in space is rapidly informed of the inadmissible ambientcondition.

In a preferred configuration, the environmental sensor or eachenvironmental sensor of the monitoring system is a part of the drugmeasuring device to be monitored. This environmental sensor doestherefore, indeed, measure an ambient condition, to which the drugmeasuring device is exposed. The drug measuring device comprises,furthermore, a separate power supply unit, i.e., a power supply unit,which is capable of supplying the electrical users of the drug measuringdevice with electricity at least at times independently from a centralor stationary power supply grid. The separate power supply unit iscapable, in particular, of supplying the environmental sensor or atleast one environmental sensor of the drug measuring device withelectricity.

In a variant of this configuration, the separate power supply unit ofthe drug measuring device is arranged in a housing. A housing openingsensor is capable of detecting the result that the housing is openedand/or forced open. In response to the fact that the housing openingsensor has detected an opening or forced opening of the housing, thetesting unit of the monitoring system is capable of generating a signal.This signal characterizes the event that an opening or forced openinghas been detected. The control device is capable of transmitting thissignal to the predefined receiver or to at least one predefinedreceiver.

A user could attempt to put the drug measuring device out of operationby disconnecting the drug measuring device from a stationary powersupply grid and by removing the separate power supply unit of the drugmeasuring device from the housing. The configuration with the housingopening sensor reduces the risk that the user can do this undetected.The control device causes the first data transmission unit to send themessage with the signal as soon as an opening or forced opening of thehousing has been detected. It is possible to equip the control devicewith a separate power supply unit, so that the message can be sentbefore the monitoring system and/or the drug measuring device cease tobe supplied with electricity.

It is possible that the monitoring system is separated in space from thedrug measuring device. In another configuration, at least the analysisunit, the control device and the first data transmission unit are partsof the drug measuring device. It is possible that the entire monitoringsystem belongs to the drug measuring device to be monitored.

In one configuration, the environmental sensor or at least oneenvironmental sensor of the monitoring system is a part of the drugmeasuring device to be monitored. The drug measuring device comprises,furthermore, a second data transmission unit. The monitoring systemcomprises an analysis system, which is located at a distance in spacefrom the drug measuring device. This analysis system comprises theanalysis unit, the control device and the first data transmission unit.The second data transmission unit is capable of transmitting measuredvalues repeatedly from the environmental sensor or from at least oneenvironmental sensor, which belongs to the drug measuring device, to theanalysis system.

This configuration splits the monitoring system into

-   -   environmental sensors, which belong to the drug measuring        device, and    -   an analysis system, which is located at a distance in space from        the drug measuring device. Since the environmental sensors        belong to the drug measuring device, they can measure ambient        conditions, to which the drug measuring device is exposed,        better than if they were located at a distance in space from the        drug measuring device. Since the analysis system is not a part        of the drug measuring device, the drug measuring device can be        configured as a lighter and/or smaller drug measuring device. In        addition, a user, who wants to use drugs undetected, would have        to put both the drug measuring device and the analysis system        located at a distance in space out of operation before a message        is sent, which is associated in some cases with a greater effort        and requires more time than if the entire monitoring system were        a part of the drug measuring device to be monitored. This        configuration therefore leads to a further reduction of the risk        that a user would put the drug measuring device out of operation        undetected.

The monitoring system comprises at least one environmental sensor. Theenvironmental sensor or at least one environmental sensor is preferablycapable of measuring at least one of the following ambient conditions,to which the drug measuring device is exposed or may be exposed or couldbe exposed:

-   -   a temperature in the environment of the drug measuring device,    -   a change over time in a temperature in the environment of the        drug measuring device,    -   a humidity in the environment of the drug measuring device,    -   a change over time in a humidity in the environment of the drug        measuring device,    -   a force or acceleration acting on the drug measuring device,    -   an ambient pressure acting on the drug measuring device and a        change over time in such ambient pressure, or    -   the effect of a harmful substance, e.g., an acid.

The present invention will be described below on the basis of exemplaryembodiments. The various features of novelty which characterize theinvention are pointed out with particularity in the claims annexed toand forming a part of this disclosure. For a better understanding of theinvention, its operating advantages and specific objects attained by itsuses, reference is made to the accompanying drawings and descriptivematter in which preferred embodiments of the invention are illustrated.

BRIEF DESCRIPTION OF THE DRAWINGS

In the drawings:

FIG. 1 is a schematic view showing the alcohol measuring device and theactivation device during the activation phase;

FIG. 2 is a first part of a flow chart, which shows the steps of theactivation phase until the generation of the checked activation imageset;

FIG. 3 is a second part of the flow chart of FIG. 2 , which shows thesteps of the activation phase until the generation of the comparisonimage set;

FIG. 4 is a third part of the flow chart of FIGS. 2 and 3 , which showsthe steps of the activation phase until the generation of the verifiedcomparison image set;

FIG. 5 is a fourth part of the flow chart of FIGS. 2, 3 and 4 , whichshows the steps of the activation phase until the release or otherending of the release process;

FIG. 6 is a schematic view showing the alcohol measuring device and thecentral data processing unit during the use phase; and

FIG. 7 is a schematic view showing the monitoring system for the alcoholmeasuring device.

DESCRIPTION OF PREFERRED EMBODIMENTS

Referring to the drawings, the present invention is used in theexemplary embodiment to activate a drug measuring device in the form ofan alcohol measuring device for a certain user and then to operate it.The activation comprises a release process. The user must or shall orwants to give breath samples repeatedly into the alcohol measuringdevice after the activation. The alcohol measuring device according tothe exemplary embodiment has

-   -   an input unit,    -   a testing unit,    -   optionally a light source, preferably for light in the visible        range, e.g., a plurality of LEDs,    -   at least one image recording device and optionally a separate        image analysis unit,    -   an image data memory,    -   optionally an additional identification device, for example, a        device for detecting fingerprints or a biometrically operating        identification device, to identify a person,    -   at least one internal data-processing control device, which        actuates inputs and/or processes sensor values and actuates        parts of the alcohol measuring device, doing so at least partly        independently from the inputs and/or sensor values,    -   optionally an output unit in order to output messages in a form        perceptible for a human being,    -   optionally a distance sensor, which measures the distance to a        person or to another object in the viewing direction of the        image recording device,    -   optionally a brightness sensor, which measures brightness in an        area in front of the image recording device,    -   a system clock, which provides predefined events with time        stamps,    -   optionally a random generator,    -   optionally a geoposition sensor for its own geoposition,    -   preferably a separate power supply unit, preferably a set of        rechargeable batteries, and    -   a wired and/or radio-based communication unit.

In one configuration, some parts of the alcohol measuring device arearranged on a Smartphone or on another portable data processing deviceand the other components are arranged on a separate device, which maylikewise be mobile or else stationary. The alcohol measuring device mayalso be configured as a single and preferably portable device orcomprise a portable device and a base station. For example, the imagerecording device, the optional image analysis unit, the optionaladditional identification device, the control device or a controldevice, the optional distance sensor, the optional brightness sensor,the optional geoposition sensor and the power supply unit or a powersupply unit may be arranged on the Smartphone and the other parts of thealcohol measuring device, especially the input unit and the testingunit, may be arranged on the separate device.

A person can give a breath sample by means of the input unit, doing soby said person holding a mouthpiece at their face and blowing in thebreath sample or by said person blowing the breath sample into the inputunit in a contactless manner. It is also possible that the alcoholmeasuring device draws in the breath sample through the input unit.

In one configuration, the testing unit comprises a plurality of sensorsfor pressure, humidity and/or temperature, which measure the breathsample given. The pressure sensor measures the direction of the air flowinto the input unit. The testing unit has, furthermore, a preferablyelectrochemically operating sensor. The testing unit determines whethera sufficiently large breath sample was given, especially whether aperson is indeed giving a breath sample over a sufficiently long time orelse introduces air in another manner into the device and thereby mimicsthe giving of a breath sample that can be tested. The testing unittests, furthermore, whether the alcohol content in a given breath sampleis below or above a predefined limit. The testing unit tests, forexample, whether the breath sample is free from alcohol, aside from atolerance caused to the measuring inaccuracy. It is also possible thatthe testing unit measures the alcohol content in the breath samplequantitatively.

The image recording device is capable of recording a plurality of imagesof a person, who is giving a breath sample, one after another. Theoptional additional identification device is capable of detecting anadditional identifying feature of a person who is giving a breathsample, e.g., a fingerprint or another biometric feature.

The light source is capable of illuminating the face of a person, who isgiving a sample, so that the image recording device is capable ofgenerating an image, which can be automatically analyzed and which showsthe person with a sufficient image quality. The brightness sensor iscapable of detecting whether the face is illuminated with sufficientbrightness and whether it has a sufficient contrast from the background.The distance sensor is capable of measuring the distance between thealcohol measuring device and a giving person—generally: an object infront of the image recording device—and of detecting thereby whether theperson is located close enough in front of the input unit. If not, it iscertain that the person is not giving a breath sample from himself orherself but is blowing gas in in another manner and thereby only mimicsthe blowing in of a breath sample.

The optional image analysis unit is capable of checking an image fromthe image recording device to determine whether or not this image showsthe face of a person completely and with a sufficient image quality.

The control device is capable, on the one hand, of triggering the stepthat data are transmitted from the alcohol measuring device to apredefined receiver, especially to the activation device describedbelow, via the communication unit. On the other hand, the control deviceis capable of causing messages to be outputted on the output unit of thealcohol measuring device in a form perceptible for a human being, e.g.,the prompt to give a breath sample, the message about the resultprovided by the testing of a breath sample or the message about whetheror not an image recorded of a person who is giving the sample meets apredefined quality criterion.

The outputs of the random generator can be used automatically togenerate random times at which the user shall give a breath sample,wherein these times are not foreseeable for the user.

The alcohol measuring device may comprise further parts, which detect amanipulation, e.g., in order to detect whether a person is indeed givinga breath sample or is introducing something else into the input unit andis especially indeed giving a breath sample from their body.

The communication unit is capable of exchanging data in a wired orwireless manner with an activation device located at a distance in spaceand with a central data processing unit located at a distance in space,which will be described farther below. The wired transmission preferablyuses the Internet or a LAN. The wireless transmission may be carriedout, e.g., by means of infrared waves, Bluetooth, RFID, NFC, WirelessLAN, mobile phone network, QR code or acoustically.

In one configuration, the alcohol measuring device comprises a portabletesting device and a base station. The portable testing devicecomprises, e.g.,

-   -   the input unit,    -   the testing unit    -   the optional light source,    -   the image recording device or each image recording device,    -   the optional additional identification device,    -   the optional distance sensor,    -   a first internal control device,    -   a local memory,    -   a power source, which is preferably rechargeable, as well as    -   a housing, which holds these parts.

The base station comprises, e.g.,

-   -   the communication unit or a communication unit,    -   the optional output unit,    -   the optional random generator, as well as    -   preferably a second internal control device.

It is also possible that the base station comprises the image recordingdevice or an image recording device. The base station may be detachablyconnected to the portable testing device and is capable of charging thepower source of the portable testing device after establishing aconnection. In its local image recording device, the portable testingdevice is capable of storing

-   -   the time (time stamp) of the giving of a breath sample,    -   optionally the geoposition at the time of the giving of the        sample,    -   images from the image recording device, which show a giving        person, as well as    -   results of the testing unit.        As soon as the portable testing device is connected to the base        station in a wireless manner and/or via the contact points, the        data, which have been stored in the local image data memory        since the last transmission, are transmitted to the base        station, and the communication interface transmits these in a        wired or wireless manner to a receiver located at a distance in        space. This configuration avoids the need to equip the portable        testing device with the output unit and with the communication        unit.

It is possible to use a Smartphone as a base station. A Smartphonealready has, as a rule, an image recording device. Only a softwareprogram (an “App”) needs to the installed on a commercially availableSmartphone in order to make it into a base station for a testing deviceof the alcohol measuring device.

FIG. 1 shows such an alcohol measuring device 100 as an example, whichcomprises a portable testing device 1 and a base station 2 and shall beused by the user B.

The testing device 1 comprises

-   -   a housing 4,    -   an input unit 3,    -   a testing unit 6,    -   a separate power supply unit 7 in a housing 77,    -   a wireless communication unit 9,    -   contact points 8 and    -   a testing device control device 5.

The base station 2 comprises

-   -   a housing 10,    -   an image recording device 12,    -   a light source 20,    -   a distance sensor 21, which is capable of measuring the distance        to an object in front of the image recording device 12,    -   an image data memory 19, in which images of a person can be        stored, preferably together with a respective time stamp each,        these images having been generated by the image recording device        12,    -   an output unit 13, which is capable of outputting messages in a        form perceptible for a human being,    -   a wireless communication unit 14 for wireless communication,    -   a wired communication unit 16 for wired communication, e.g.,        wired via the Internet,    -   a plurality of contact points 11,    -   a coupling point 17 for coupling the base station 2 to a        stationary power supply network,    -   a base station control device 15, and    -   a separate base station power supply unit 18 to enable the base        station 2 to be operated independently from a stationary power        supply network.

If the testing device 1 is inserted correctly into the base station 2,the two devices 100 can exchange data with one another via thecorresponding contact points 8, 11, and the base station 2 can chargethe power supply unit 7 of the testing device 1. In addition, thedevices 1, 2 can exchange data with one another in a wireless mannerover a distance via the wireless communication units 9, 14. If thetesting device 1 comprises an image recording device, the user can givebreath samples at a distance in space from the base station 2 and apicture of them is taken in the process. The user B does not need tocarry the base station 2 with him. If the testing device 1 is held closeenough to the base station 2 while a sample is being given, the imagerecording device 12 can generate pictures of the person giving thesample with a sufficient image quality. The testing device 1 does notneed to have a separate image recording device in this case.

FIG. 1 shows, furthermore, a person P, who is giving a breath samplefrom himself or herself into the input unit 3. Whether this person P isthe user B will be checked later.

In another configuration, the alcohol measuring device 100 may bedetachably connected to a mobile telephone, especially with aSmartphone. This Smartphone may be the above-mentioned Smartphone, whichcomprises the image recording device 12, the image analysis unit as wellas additional sensors of the alcohol measuring device 100, or anotherSmartphone. Data that are stored in the local image data memory 19 ofthe preferably portable alcohol measuring device 100 are transmitted tothe mobile telephone after the detection of a connection, and the mobiletelephone transmits these data to the or at least one receiver locatedat a distance in space and outputs messages to the user.

It is also possible that the image recording device 12 is a part of thetesting device 1 or of the mobile telephone. This configuration makes itpossible for the user B to give a breath sample from himself or herselfinto the input unit 3 at any location, providing that the user carriesthe testing device 1 and optionally the mobile telephone with the imagerecording device 12 with him. The base station 2 is used to charge thepower supply unit 7, and optionally to transmit images to the activationdevice 30 during the activation phase and to output messages to theuser.

In the exemplary embodiment, the present invention is used in oneconfiguration to configure and to release such an alcohol measuringdevice 100 for a (male) user B (or for a female user), who is sentencedby a court to give a breath sample from herself/herself into an alcoholmeasuring device according to at least one specification predefined inthe sentence at regular intervals, for example, daily between 2:00 p.m.and 3:00 p.m. as well as between 9:00 p.m. and 10:00 p.m. It is alsopossible that the specification or a specification stipulates that theuser B has to give a breath sample each at randomly selected times,i.e., at times that are not foreseeable for him. No breath sample givenmay contain, according to the specification, any alcohol, or have analcohol level above a predefined limit. It is also possible that theuser B undergoes a regular checking voluntarily, i.e., the user makes acommitment.

The user B must, of course, give a breath sample personally, i.e., abreath sample from their own body and not something other than a breathsample. The user B rather than someone else shall give this breathsample. The designation “user” will be used below for the person who issentenced to give a breath sample from himself or herself repeatedly, orhas voluntarily decided to do so. The person who does indeed give thebreath sample is called the “giving person.” Insofar as possible, itshall consequently be ensured that the giving person P is indeed thesentenced or voluntarily using user B. The user may, of course, also bea female user.

One possibility of how the user B could comply with the court-orderedcondition or with the voluntary commitment is that the user visits eachtime a correspondingly certified sampling center or a service center andgives a breath sample there. This requires in the above example that theuser B should visit a sampling center twice daily. It would not bepossible to ask the user to give a breath sample immediately at a randomtime.

The present invention eliminates the need to do this for the user B. Theuser B in the exemplary embodiment will rather receive an alcoholmeasuring device 100 of their own, which preferably comprises a portabletesting device 1. The user B can use this alcohol measuring device 100at any location. At the least, the user B receives a portable orstationary testing device, which the user can use as home or which isinstalled in a motor vehicle. It is possible that the user B receives atleast two alcohol measuring devices, e.g., a stationary measuring devicefor use at home or in the motor vehicle and a mobile measuring devicefor use during travel outside the motor vehicle. This configurationmakes it possible to require the user to give a breath sampleimmediately repeatedly at a time that the user B cannot foresee.

Such a procedure for monitoring a user from a distance on how sober theuser is also called “remote alcohol monitoring” (RAM). A portable devicesuitable for this is described, e.g., in US 2016/0161468 A1 and in US2016/0153963 A1 as well as in US 2018/0313818 A1 (each of which isincorporated herein by reference in its entirety).

How the alcohol measuring device 100 is assigned to the user B accordingto the present invention and how it is activated will be describedbelow. This activation leads to a release—or to a non-release. The term“activation” designates below the steps that are carried out to bringthe alcohol measuring device 100 into the possession of the user B andto release it—or not to release it—for the user after a checking. Aftera successful release, the user can use the alcohol measuring device 100during the use phase in order to give breath samples.

The term “activation” is not used, in particular, to designate processesthat are carried out after the release and hence during the subsequentuse phase, for example, when the alcohol measuring device 100 isswitched on again after a break in operation or a repair or aftermaintenance.

The user B registers himself or herself in one configuration of thepresent invention with the activation device. The user B transmits dataabout himself or herself for this purpose over a secured data connectionto the activation device, for example, over a secured connection on theInternet and preferably by means of encryption. The data of the user Babout himself or herself comprise

-   -   at least one reference image of at least one official document        of the user B, e.g., a photo in a driver's license or in an        identity card or in a passport, as well as    -   if available, a computer-available likeness or a copy of a        document that shows the sentence.

The document on the sentence preferably specifies especially a conditionas to the frequency and optionally the times at which the user shallgive a breath sample, or that random times shall be selected, as well asthe desired result of each measurement of the breath sample, e.g., thatno breath sample shall contain alcohol.

In addition, the transmitted data preferably comprise

-   -   an individual identification code of the user B,    -   optionally an additional identifying feature of the user B,        e.g., a digitally scanned fingerprint or another biometric        feature,    -   a mailing address to which an alcohol measuring device 100 for        this user shall be sent,    -   a desired manner of data transmission from an alcohol measuring        device 100 of the user B to the activation device during an        activation phase,    -   a desired manner of data transmission to a central data        processing unit during a subsequent use phase of the alcohol        measuring device 100,    -   the manner in which the output unit 13 shall output messages to        the user B, for example, optically, acoustically and/or by        touch,    -   the language in which the output unit 13 shall output messages        to the user,    -   properties of the alcohol measuring device 100 desired by the        user B, e.g., stationary or mobile, and/or    -   data on payment for the alcohol measuring device 100.

The two desired types of data transmission may be identical ordifferent. For example, a data transmission with a higher data securityand possibly lower transmission rate will be used during the activationphase than during the use phase.

In one configuration, an authorized person checks the transmitted data,especially the copy of the official document. If the transmitted dataare correct, the authorized person releases the registration. It is alsopossible that the activation device releases the transmitted dataautomatically and thereby registers the user B. The user B needs todisclose himself or herself to no one or only to an authorized person atthe time of the registration. The authorized person may be positioned ata distance in space from the user B.

In a different configuration, the user B visits an issue center or aservice center and is registered there. The user B can present there anofficial document with a photo of himself or herself—or even only aphoto. Or at least one image of the user B is generated in the issuecenter or service center.

A registration data set is preferably generated as a consequence of theregistration. This data set detects the images of the user B, which aregenerated during the registration, as well as optionally a copy of thesentence. These images are called the “reference images” of the user B.

After the user B has registered successfully, an activation phase iscarried out, which will be described below.

An activation data set is created for the user B in a data bank of theactivation device, and the registration data set is used for this. Thisactivation data set comprises the transmitted data of the user, i.e.,especially the copy of the official document and hence at least onereference image, e.g., from the official document, and the copy of thesentence or voluntary commitment. The activation data set for the user Bis secured against unauthorized read access and against manipulationfrom the outside in a suitable manner.

FIG. 1 shows the alcohol measuring device 100 and, furthermore, theactivation device 30, which is responsible for a plurality of alcoholmeasuring devices in the example shown and is located at a distance inspace from the alcohol measuring devices. It comprises the followingparts in the exemplary embodiment:

-   -   a data-processing central computer 33, which carries out the        release check,    -   an output unit 38, which is capable of displaying a comparison        with at least two images,    -   an input unit 39, with which an authorized person can        “communicate” the result of an image comparison by a user input        of the activation device 30, as well as    -   a wired communication unit 34.

The activation device 30 has read access at least at times and writeaccess at least at times to an activation data bank 31 with anactivation data set 32 for the user B.

Data can be transmitted from the base station 2 in a wireless manner,e.g., over the Internet, via the wired communication unit 16 and thewired communication unit 34 to the central computer 33. A wirelesstransmission is possible as well.

The activation data set 32 for the user B comprises after successfulregistration and before the release process

-   -   an unambiguous identification code ID of the user B, for        example, a code of an official photo ID,    -   at least one reference image 35, which shows the user B,    -   optionally an additional identifying feature of the user B,    -   optionally a computer-available copy 36 of the sentence or        voluntary commitment,    -   a computer-evaluable implementation regulation 37, which        specifies how the user B has to comply with the conditions of        the sentence or commitment, and    -   optionally additional data on himself or herself, which the user        B has transmitted.

An alcohol measuring device 100 is selected now for this registered userB from a stockroom holding a plurality of not yet configured andpersonalized alcohol measuring devices. The alcohol measuring device 100is selected such that the user B can meet the condition or eachcondition according to the transmitted sentence or commitment with thisdevice and the device optionally possesses the transmitted propertiesdesired by the user B. The alcohol measuring device 100 is preferablycertified correspondingly. The selected alcohol measuring device 100 isconfigured for the user B corresponding to the specifications in theactivation data set 32, and, e.g., the type of the data transmissionand/or of the output of messages is configured. It is not yet releasedfor the user B even after this configuration.

The selected alcohol measuring device 100 comprises a device code 58,which distinguishes this alcohol measuring device 100 at least from allother alcohol measuring devices which are used in an area ofresponsibility of the activation device and/or of the central dataprocessing unit. The activation data set 32 for the user B is completedby this device code 58. A defined alcohol measuring device 100 is thusassigned to the user B and it is suitable for checking the user B.However, the alcohol measuring device 100 not yet released for the user.

It is possible that a plurality of alcohol measuring devices areassigned to the user B, e.g., a stationary device and a mobile device ortwo devices of the same type in order to create redundancy. Theactivation data set is correspondingly completed for the user B by aplurality of device codes.

If the user B has transmitted a mailing address, the step that thealcohol measuring device 100 or each alcohol measuring device 100assigned to the user B will be sent to that mailing address from acentral warehouse is triggered in one configuration. As soon as the userB has received the alcohol measuring device 100 or an alcohol measuringdevice 100 and has confirmed the reception, a message is generated andtransmitted to the activation device that the registered user B has nowreceived the alcohol measuring device 100 assigned to him.

It is also possible that a message is transmitted to the registered userB that the user B can pick up the alcohol measuring device 100 assignedto them at an issue center specified in the message. A correspondingmessage is transmitted in this configuration to the activation device 30as soon as the user B has picked up the alcohol measuring device 100 atthe issue center.

In another configuration, a user B, who is not yet registered,generally: a person, goes to a registration office and registers himselfor herself there, for example, by the person submitting an officialdocument. The above-described steps for registering a user are triggeredfrom this registration office or are carried out in the registrationoffice itself. In particular, a decision is made in this connection onwhether the person who has visited the registration office is the user Bto whom the sentence or commitment pertains. An authorized personpreferably checks the submitted official document. It is possible,albeit not necessary, that the person submits the document showing thesentence or commitment in addition to the official document.

A suitable alcohol measuring device 100 is made available to the user Bafter successful registration. The registration office keeps at leastone suitable alcohol measuring device in stock in one configuration, andthe user B takes a suitable device with them from the registrationoffice. In an alternative configuration, the alcohol measuring device100 is selected from the central warehouse and is sent to the user B,e.g., to their mailing address. This configuration avoids the need tohave to stock suitable alcohol measuring devices at each registrationoffice.

After the alcohol measuring device 100 has been made available to theuser B in one of the above-described manners, the activation data set 32for the user B is completed by the device code 58 of the alcoholmeasuring device 100, cf. FIG. 1 .

The configured alcohol measuring device 100 is assigned now to theregistered user B in all these configurations of the registration, andit is in the possession of the user B, but it is not yet released forthe user B. It will be described below how the alcohol measuring device100 is released—or also not released—for this user B after a checking.

A person P gives a breath sample into the input unit 3 of the assignedalcohol measuring device 100 several times one after another. The imagerecording device 12 generates at least one image of the person P, who isgiving the breath sample, each time the user is giving a sample. In oneconfiguration, each correctly taken image shows the face of a givingperson P completely as well as the testing device 1 or at least theinput unit 3. It is specified in another configuration that somegenerated images shall show the giving person with the testing device 1and other generated images shall show the giving person P without thetesting device 1. The position and/or the orientation of the head of thegiving person P relative to the image recording device 12 shall vary inone configuration from one sampling to the next, so that images thatshow, as a whole, the giving person from different viewing directions,are generated at the times at which these samples are given.

Furthermore, the base station control device 15 preferably actuates thelight source 20 such that the face of the giving person P is illuminateddifferently, so that, on the whole, images with different illuminations,which show the face of the giving person P, are generated. Thisincreases the security at the time of a subsequent image comparison.

The base station control device 15 preferably causes the generatedimages to be stored in the image data memory 19.

If the samples are given correctly, each generated image shows the faceof the user B completely and, on the whole, a sufficient number ofimages are generated, which show the face of the user B with asufficient quality and from different viewing directions and withdifferent illuminations. However, the following errors may occur:

-   -   Insufficiently generated images show the face of the user B        completely and with a sufficient quality.    -   The face of the user B shown in the image does not appear with        sufficient brightness or with sufficient clarity.    -   The images do not show the face of the user B from sufficiently        different viewing directions and/or with sufficiently different        light conditions.    -   At least some images do not show the face of the user B but the        face of another person or they do not show the face of a person        completely but they show the face only incompletely; they show        another body part or they do not show a person but they show        another living being or something else.

In one configuration, the alcohol measuring device 100 instructs thegiving person during the giving of breath samples. For example, thealcohol measuring device 100 always generates a message in a formperceptible for a human being as to the position and/or orientation theface of the giving person P shall have relative to the image recordingdevice 12 of the alcohol measuring device 100 during this giving,wherein this position and/or orientation varies from one giving to thenext. The alcohol measuring device 100 preferably gives instructions ina form perceptible for a human being, e.g., instructions that specifythe required viewing direction or change in the viewing direction of agiving person and/or which prompt the person P to use the alcoholmeasuring device 100 in front of different backgrounds. The optionallight source of the alcohol measuring device 100 preferably varies theillumination of the face of the giving person P automatically in orderto generate images under different light conditions. The optional imageanalysis unit of the alcohol measuring device 100 checks whether arecorded image does indeed show the face of a giving person P completelyand with an image quality sufficient for a subsequent comparison,especially whether the face of the giving person P is sufficientlyilluminated. If the image does not meet this requirement, it isdiscarded.

In a preferred configuration of the exemplary embodiment, it is,however, the central activation device 30 rather than the alcoholmeasuring device 100 that checks which images do indeed show the face ofthe user B and which images show another person or something else.Whether images were generated, as a whole, from sufficiently differentviewing directions and/or under sufficiently different light conditionsis preferably also checked centrally rather than locally.

The alcohol measuring device 100 preferably generates a message as soonas the person P has given a sufficient number of samples and asufficient number of suitable images of the giving person P have beengenerated with a sufficient quality and under different viewingdirections and/or light conditions and this is optionally confirmed bythe giving person P.

In one configuration, the base station control device 15 prompts after acorresponding user input that all the images recorded so far bedisplayed on the output unit 13 of the base station 2. A person P, whouses the alcohol measuring device 100, can again delete individualdisplayed images. In addition, the alcohol measuring device 100preferably detects a user input on whether additional images shall stillbe generated or whether all the images to be transmitted have now beentaken and displayed.

A message is preferably transmitted by means of the communication units16 and 24 to the activation device 30. In one configuration, the user Btriggers this message. In another configuration, the alcohol measuringdevice 100 automatically triggers the transmission of the message assoon as a sufficient number of images of the giving person P have beengenerated with a sufficient quality.

The message comprises in both configurations an activation image set InBwith the images that were generated during the samplings and show theface of the user B completely in case of a correct procedure, theyideally show the face from a sufficient number of different viewingdirections and under sufficiently different light conditions. FIG. 1shows as an example two images 40 (face of user B with alcohol measuringdevice 100) and 40.1 (face without alcohol measuring device 100). Bothimages 40, 40.1 as well as additional images were generated by the imagerecording device 12 and were transmitted as part of the activation imageset InB to the activation device 30. The message optionally comprisesadditionally an additional identifying feature of the giving person P,e.g., a fingerprint or another biometric feature.

In case of an incorrect procedure, the activation image set InB may showtoo few images that show the face of the user B with a sufficientquality or show an image of the user B with sufficient quality but notfrom each required viewing direction and/or not in each requiredillumination. It is, of course, possible that at least some images donot show the user B but another person.

The message preferably comprises additionally the device code 58 of thealcohol measuring device 100 used and/or an identification code ID,which was given by the user B in advance at the time of the registrationand was assigned automatically.

It is also possible that the user B brings a data storage medium withthe device code 58 and with the images 40, 40.1 of the activation imageset InB to a registration office, which triggers the step of generatingthe message with the device code 58 and with the images 40, 40.1 and oftransmitting it to the activation device 30.

The activation device 30 searches in the activation data bank 31 for theactivation data set 32 for the registered user B to whom an alcoholmeasuring device 100 with this device code 58 and/or with thisidentification code ID is assigned. If no activation data set is found,an error message is outputted. The following steps are carried outotherwise:

-   -   The central computer 33 preferably checks first which        transmitted images show the face of a person P completely with a        sufficient image quality, preferably together with an input unit        3. The transmitted images that do not meet these requirements        are preferably sorted out by calculation and will not be used        for the next steps.    -   The images 40, 40.1 of the activation image set InB, which were        not sorted out and which were transmitted as part of the message        to the activation device 30, are compared with the reference        image 35 or with each reference image 35 of the registered user        B, and the activation data set 32 found comprises the reference        image 35 or each reference image 35.    -   In a preferred configuration, the central computer 33 prompts an        authorized person to perform a comparison. The reference image        35 or each reference image, which is contained in the activation        data set 32 of the registered user B, is displayed on a screen        of the output unit 38. The images 40, 40.1 or a respective image        that was transmitted as a part of the activation image set InB        with the message and was not sorted out is displayed on the same        screen 38 or on another screen. FIG. 1 shows as an example that        a reference image 35 and an image 40 of the activation image set        InB are displayed on the screen 38.    -   The authorized person compares the images 35, 40, 40.1 and        decides whether all these images show the user B or not. In one        configuration, this authorized person has no read access to the        copy 36 of the official documents or to the copy of the        sentence, which is contained in the activation data set 32 for        the user B. Requirements on data protection are thus complied        with. The user B does not need to disclose himself or herself as        a sentenced person or alcoholic to this authorized person.    -   In one configuration, the central computer 33 compares first        automatically the transmitted images that were not sorted out        with the reference image 35 or with each reference image 35 in        the activation data set 32. The step of displaying the images        for comparison to the authorized person is only triggered in one        configuration if the activation device 30 determines a        sufficiently high degree of agreement between at least one image        40 of the activation image set InB, which was not sorted out,        and a reference image 35 of the activation data set 32. It is        avoided thereby that the authorized person should deal with        image comparisons for images that obviously do not show the user        B.    -   In another configuration, the images of the activation image set        InB that were not sorted out or even all images of the        activation image set InB are displayed to the authorized person        for comparison.    -   By means of the input unit 39, the authorized person gives their        decision about which displayed images of the activation image        set InB agree with the displayed reference image 35 or with a        displayed reference image 35. The activation device 30 detects        the entry of the authorized person.    -   In a third configuration, the central computer 33 carries out        the image comparison in pairs automatically without an        authorized person being involved. The central computer 33        calculates a degree of agreement between the reference image 35        or a reference image 35 and an image 40 of the activation image        set InB during the pair-by-pair image comparison and decides        whether this degree of agreement is above a predefined lower        limit or not.    -   The images that do indeed show the complete face of the user B        with a sufficient quality according to the manual input or        according to the automatic pair-by-pair comparison are selected        from the transmitted images by the automatic and/or manual        comparison.    -   The central computer 33 checks whether the selected images        together meet a predefined release criterion, especially whether        the selected images show the user B from a sufficient number of        different viewing directions and/or under sufficiently many        different light conditions.    -   If the selected images meet the release criterion, the alcohol        measuring device 100, which is assigned to the registered user B        and is already in the possession of the user B, is released for        this user B. The activation data set 32 for this user B is        completed in the activation data bank 31 by a corresponding        piece of information as well by at least one selected image 40,        preferably by each selected image 40, 40.1, of the activation        image set InB. Consequently, the activation data set 32        preferably comprises after the release a plurality of images,        which show the face of the user B with a sufficient image        quality from different viewing directions and/or under different        light conditions.    -   A release message Fg about the release is transmitted to the        alcohol measuring device 100 or to a computer of the user B. The        alcohol measuring device 100 preferably outputs this release on        its output unit 13.    -   In one configuration, the activation device 30 additionally        transmits a sampling schedule or an implementation regulation 37        to the now released alcohol measuring device 100 in a form that        the control device 5 or 15 of the alcohol measuring device 100        can automatically analyze. This is defined as a condition on how        often and/or at what times the registered user B shall give a        breath sample, or that the alcohol measuring device 100 shall        automatically set the times at which samples shall be given,        e.g., according to a random principle. For example, the optional        random generator shall be used for this during the use phase.        The condition preferably also comprises the desired result that        this breath sample shall have.    -   If, by contrast, the activation device 30 has determined that        the release criterion is not met, a corresponding message is        transmitted to the alcohol measuring device 100. The alcohol        measuring device 100 is not released for the user B at least for        the time being.

FIG. 1 schematically shows such a release message Fg. This comprises theidentification code ID of the user B as well as the device code 58 ofthe released alcohol measuring device 100.

As it was just described, the central computer 33 sorts out bycalculation the transmitted images that do not show completely the faceof a person P with a sufficient image quality. In one configuration, thecentral computer 33 then automatically groups the images that were notsorted out. All images of one group show the same person. Two images intwo different groups always show two different persons. It is possiblethat a group with images is formed that do not show completely the faceof a person with a sufficient image quality. If all images are assignedto the same group during this grouping, they show the face of the sameperson P. The central computer 33 automatically compares the images ofthis group with the reference image 35 or with each reference image 35or it triggers the process that this comparison is carried out by anauthorized person as was described above.

If the central computer 33 has formed, by contrast, at least twodifferent groups, the central computer 33 automatically selects a group,namely the group whose images show the face of the user B—in general,the group that has the lowest degree of non-agreement with the referenceimages of the face of the user B. The central computer 33 compares forthis selection the images of one group with the stored reference image35 or with each stored reference image 35.

As an example, FIG. 2 through FIG. 5 show by means of a flow chart thesteps that are carried out during the activation phase. The followingsteps are carried out here:

-   -   In step S1 the activation device 30 receives data on the        registered user B, especially a reference image 35, a copy 36 of        the sentence or commitment and an implementation regulation 37.    -   In step S2, the central computer 33 creates the activation data        set 32 for the user B in the activation data bank 31 on the        basis of these data.    -   In step S3, the activation device 30 receives a message with the        activation image set InB.    -   In step S4, the central computer 33 checks whether this message        with the activation image set InB has arrived in time, i.e.,        within a predefined time period, at the activation device 30 and        whether this message is authorized.    -   If the message has not arrived in time or if it is not        authorized (branch “no” of the decision E1?), the activation        device 30 generates a message N_Fg that the alcohol measuring        device 100 is not released for the user B. The activation phase        is thus ended without a release.    -   If branch “yes” is passed, the central computer 33 sorts out in        step S5 from the activation image set InB the images that do not        show the face of a person completely and/or with a sufficient        image quality.    -   Step S5 yields a checked activation image set InB_iO, which        comprises the images that were not sorted out. Each image of the        checked activation image set InB_iO shows the face of a        respective person P completely and with a sufficient quality. It        is to be checked which images of the checked activation image        set InB_iO show the user B and which images do not.    -   The central computer 33 checks in step S6 whether all images        show the face of the same person or faces of different persons.    -   In decision E2?, the central computer 33 decides whether all        images of the checked activation image set InB_iO show the face        of the same person P (branch “yes”) or faces of at least two        different persons (branch “no”).    -   The central computer 33 creates a comparison image set VM. In        step “yes” this is the entire checked activation image set        InB_iO (step S7).    -   In step S8 of the branch “no” the central computer 33 groups the        images of the checked activation image set InB_iO into n groups        G.1, . . . , G.n, n>=2. Each image of a group G.i (I=1, . . .        , n) shows the same person. Two images of two different groups        G.i, G.j (i≠j) show two different persons.    -   In step S9, the central computer 33 calculates for each group        G.i a degree NÜG(i) of the non-agreement between the group G.i        and the reference image 35 or the reference images. In case of a        plurality of reference images, the central computer 33 uses the        lowest degree of non-agreement as the degree of non-agreement of        the group G.i.    -   In step S10, the central computer 33 determines the group GA        that has the lowest degree of non-agreement NÜG(i0) with the        reference images 35 (“min”). This group GA is used as the        comparison image set VM when passing through the branch “no”.    -   The N images of the comparison image set VM shall be B.1, . . .        , B.N in both cases. It is decided in the decision E3? based on        a condition whether the image comparison shall be performed        automatically (branch “auto”) or manually (branch “manual”).    -   In step S11 of the branch “auto” the central computer 33        calculates for each image B.i (i=1, . . . , n) a respective        degree of agreement ÜG(i) between the image B.i and the        reference images 35 or the reference image 35. If the activation        data set 32 comprises a plurality of reference images of the        user B, the maximum degree of agreement between the image B.i        and a reference image 35 is used.    -   In step S12, the central computer 33 checks whether the degree        of agreement ÜG(i) of the image B.i is above a predefined        agreement limit and the result is thus determined that the image        B.i does show the face of the user B with sufficient certainty        and not the face of another person.    -   In step S13 of the branch “manual” the central computer 33        prompts the display of the image B.i as well as of the reference        image 35 or of at least one reference image 35 on the screen 38.    -   In step S14, the central computer 33 detects an input of an        authorized person, who made this input, e.g., with the input        unit 39.    -   In step S15, the central computer 33 decides on the basis of the        input by the authorized person whether the image B.i shows the        face of the user B with sufficient certainty or another face.    -   Both branches yield a set of images. The central computer 33        decides in the decision E.4? whether at least one image shows        the face of the user B with sufficient certainty. The central        computer 33 preferably checks additionally whether at least one        image shows the face of the user B with sufficient certainty and        whether it additionally shows the testing device 1 or the input        unit 3.    -   If the decision E.4? is negative (branch “no”), the activation        device 30 generates a message N_Fg that the alcohol measuring        device 100 is not released for the user B. The activation phase        is thus ended without a release.    -   In case of a positive decision (branch “yes”), there is a        verified comparison image set VM_ver with kM images B.k1, . . .        , B.kM, where the kM images B.k1, . . . , B.kM show the face of        the user B with sufficient image quality with sufficient        certainty.    -   In the decision E.5? the central computer 33 decides whether        this verified comparison image set VM_ver comprises a sufficient        number of images, i.e., whether the user B has generated and        transmitted a sufficient number of images, which show their face        and optionally additionally the testing device 1 or the input        unit 3 with a sufficient image quality and with sufficient        certainty. The central computer 33 checks now, for example,        whether the number kM is greater than or equal to a predefined        minimum number or not.    -   If this is not the case (branch “no”), the activation device 30        generates a corresponding message N_Fg, and the activation phase        is ended without release.    -   If the verified comparison image set VM_ver comprises a        sufficient number of images, the central computer checks in step        S16 whether these images do as a whole show the user B in the        predefined viewing directions. A set Br.1, . . . , Br.p of        predefined viewing directions and a set L.1, . . . , L.r of        different light conditions (illuminations) are predefined for        this in a computer-available form. For each predefined viewing        direction Br.i and for each predefined light condition L.j,        there must be in the verified comparison image set VM_ver at        least one image which shows the face of the user B, who is        looking in the viewing direction Br.i relative to the image        recording device 12 of the base station 2, under the light        condition L.j.    -   If this is not the case (branch “yes” of the decision E.6?), the        activation device 30 releases the alcohol measuring device 100,        which is already in the possession of the user B, for the user B        and generates a corresponding release message Fg. The activation        data set 32 for the user B is completed by corresponding        information.    -   The activation phase is otherwise ended again without a release        (branch “no” of the decision E.6?).

In an alternative configuration, a user B, who is not yet registered—oran already registered user B—visits a registration office, at whichthere is at least one alcohol measuring device 100, which is suitablefor the user B. As was already described above, user B registers himselfor herself at this registration office. A reference image 35 from anofficial document as well as a likeness or a copy 36 of the sentence aretransmitted from this registration office to the activation device 30.

In one embodiment of this alternative configuration, an alcoholmeasuring device with an image recording device, which is located in theregistration office, is used for the purpose of a release for the userB, even if the user B is already in possession of an alcohol measuringdevice 100. The user B brings with him, for example, the not yetreleased alcohol measuring device 100 to the registration office. Orelse an alcohol measuring device other than the alcohol measuring device100 in possession of the user B is used for the release process. Theimage recording device 12 of this alcohol measuring device 100generates, as was described above, a plurality of images of the personwho has visited the registration office, and generates in this mannerthe activation image set InB. The risk that the activation image set InBdoes not comprise sufficiently suitable images is reduced. The images ofthis activation image set InB are compared to the reference image 35 orwith each reference image 35, which belongs to the activation data set32 for the registered user B. This comparison can thus be carried out,as was described above, by an authorized person in a center,automatically by the activation device 30 or by an authorized person inthe registration office. If the release criterion is met, the alcoholmeasuring device 100 already assigned to the registered user B isreleased for the user B. It is sufficient that the registration officekeeps a suitable alcohol measuring device available. It is possible, butnot necessary, for the user B to bring with them an alcohol measuringdevice 100 assigned to them from the registration office. It is alsopossible that the user B brings with them the alcohol measuring device100 assigned and handed over to them for the purpose of release to theregistration office and later takes it with him.

The configuration just described, namely, that a registered user Bvisits a registration office, is carried out in one configuration if theactivation device 30 has decided after a manual and/or automatic imagecomparison that the transmitted activation image set InB does not meetthe predefined release criterion. This checking result may be incorrect,for example, because the reference image 35 or each reference image 35from the official document has a poor image quality. The user B canpresent the official document in the physical form at the issue center.An authorized person in the registration office compares the officialdocument with the person and with images of the activation image setInB, which the image recording device 12 of the alcohol measuring device100 generated during the activation phase. In addition, additionalimages of the user B can be generated in the registration office.

A date by which the user B must have concluded the registration and therelease of an alcohol measuring device 100 is preferably predefined,e.g., in the sentence. If the user B does not meet this goal, theactivation device 30 ends the activation phase without release andpreferably generates a corresponding message N_Fg.

After the alcohol measuring device 100 with the device code 58 has beenreleased for the registered user B, a subsequent use phase is carriedout. The duration of this use phase may be predefined in the sentenceand may end, e.g., after the end of a probation period or may be limitedby the duration of the certification of the alcohol measuring device100. The use phase may also be unlimited.

FIG. 6 shows how the alcohol measuring device 100 is used during the usephase. Identical reference numbers have the same meanings as in FIG. 1 .In the configuration shown, the testing device 1 tests locally thebreath sample given for its alcohol content.

A central data processing unit 50 is used during the use phase. Thiscentral data processing unit 50 may be identical to the activationdevice 30 or it may be separated from it in space. The central dataprocessing unit 50 comprises

-   -   a central computer 43,    -   a wired communication unit 44,    -   an output unit 48 and    -   an input unit 49.

The central data processing unit 50 decides on the basis of an imagecomparison whether a breath sample given into the alcohol measuringdevice 100 was indeed given by the user B or by someone else.

The central data processing unit 50 has read access at least at timesand write access at least at times to a use data bank 41 with a use dataset 42 used during the use phase for the user B. This use data set 42comprises

-   -   at least one image, preferably a plurality of images 40, 40.1,        which was/were transmitted as part of the activation image set        InB to the activation device 30,    -   optionally the identification code ID of the user B,    -   the device code 58 and    -   optionally an additional identifying feature of the user B,        e.g., a fingerprint.

The central data processing unit 50 has read access at least at times tothe activation data bank 31 and thus to the activation data set 32 forthe registered user B—or to a copy 42 of this activation data set 32,which copy is used during the use phase in order to add entries. The“use data set 42” for the user B, which is used during the use phase,will be referred to below. The central data processing unit 50automatically decides during the use phase whether the registered user Bcomplies with the conditions of the sentence registered in the use dataset 42 or not and/or it triggers the step that an authorized person willtake this decision. This decision is preferably repeated regularly,e.g., at least once daily.

The central data processing unit 50 and the activation device 30 may beembodied physically by means of the same data processing unit or withdifferent data processing units, also at different locations.

During the use phase a person P gives repeatedly a breath sample intothe input unit 3 of the released alcohol measuring device 100. The imagerecording device 12 generates at least one image 51, which shows theface of the person P giving the sample. The optional distance sensor 21of the alcohol measuring device 100 determines whether a person P isindeed sitting in front of the image recording device 12 and ispositioned close enough to the input unit 3. This reduces the risk thateven though a person P is sitting or standing in front of the imagerecording device 12 and at least one image 51 is taken of this person P,this person P is not giving a breath sample but the user is givingsomething other than a breath sample, or even though an image of theface of the user B is generated, a breath sample is being given by aperson other than the user B. The brightness sensor detects theundesired event that the image recording device 12 or an optional lightsource 20 of the alcohol measuring device 100 or another light sourcehave been covered, which could be done with the aim of having a personother than the registered user B give a breath sample without this beingdetected, or that these units failed to operate.

In one configuration, a computer-available sampling schedule or animplementation regulation 37 was transmitted to the alcohol measuringdevice 100. The control device 5, 15 of the alcohol measuring device 100registers the time at which the last breath sample was given; it hasread access to the its own system clock and outputs a message when theregistered user B shall again give a breath sample according to thisimplementation regulation 37. These messages support the user B toindeed comply with the conditions or with each condition of thesentence. In one configuration, the implementation regulation 37 furtherspecifies how long a person shall blow a breath into the input unit 3,i.e., how long this person P shall exhale into the input unit 3 of thealcohol measuring device 100. The testing unit 6 checks whether theperson P giving the breath sample is indeed blowing breathing air in foras long as required. In one configuration, the output unit 13 outputs amessage that breathing air was not blown in long enough and/or thatbreathing air is now being blown in long enough.

In one configuration, the control device 5, 15 of the alcohol measuringdevice 100 automatically sets the times at which the user B shall give abreath sample. For example, the sentence and hence the implementationregulation 37 specify that the user B has to give a breath sample eachtwice a day at randomly selected times. The random generator of thealcohol measuring device 100 specifies two random sampling times againeach day.

The alcohol measuring device 100 determines that a predefined orautomatically, e.g., randomly set sampling time is reached and it thenoutputs, e.g., on the output unit 13, a prompt that the user B has togive now a breath sample, in one configuration such that the user B doesnot know the required time of sampling in advance.

The image recording device 12 generates at least one image 51 of thegiving person P. The alcohol measuring device 100 preferably checkswhether the person P is indeed giving a breath sample from himself orherself or introduces air into the input unit 3 in another manner. Thealcohol measuring device 100 further determines the time ti at whichthis person P is giving the breath sample and preferably whether thetesting device 1 or an input unit 3 is visible in the image 51 andwhether the face of the giving person P is sufficiently illuminated. Theadditional identification device optionally detects an additionalidentifying feature of the giving person P, e.g., a fingerprint.

The testing unit 6 of the alcohol measuring device 100 tests the breathsample given. The testing unit 6 decides at least whether the alcoholcontent in the breath sample is below the predefined limit or not. Inone configuration, the alcohol measuring device 100 outputs on theoutput unit 13 a message that indicates whether the alcohol content inthis breath sample is above or below the predefined limit. In anotherconfiguration, the alcohol measuring device 100 does not output anymessage in order to make a subsequent manipulation more difficult forthe registered user B.

The alcohol measuring device 100 generates each time after a breathsample was given a message ErgN and transmits this message ErgN to thecentral data processing unit 50. It is also possible that the centraldata processing unit 50 polls the alcohol measuring device 100automatically and triggers the transmission of the message. This messageErgN comprises

-   -   the device code 58 of the alcohol measuring device 100 that has        generated this message ErgN,    -   optionally the identification code ID of the user B,    -   the image or each image 51, which was generated during this        sampling and shall show the face of the giving person P,    -   optionally the additional detected identifying feature,    -   the result of the testing, which the testing unit 6 determined        for this sample,    -   optionally, when the user B was prompted to give a breath        sample,    -   the measured time ti at which the sample was given as a time        stamp,    -   optionally the geoposition at which the breath sample was given,        and    -   optionally measured operating parameters and/or ambient        parameters of the alcohol measuring device 100, which will be        explained below.

The released alcohol measuring device 100 repeatedly transmits duringthe use phase a message ErgN to the above-mentioned central dataprocessing unit 50. In one configuration, the alcohol measuring device100 uses for this purpose a transmission process, which the user Bspecified at the time of registration, and it correspondingly uses thewireless communication unit 14 or the wired communication unit 16 of thebase station 2 or also a wireless communication unit 9 of the testingdevice 1.

In the example according to FIG. 6 , the user B has grown a beard duringthe use phase. The image 51 shows the face of the user B with thisbeard, while the images 40, 40.1 generated and transmitted during theactivation phase show the face of the user B without a beard.

The central data processing unit 50 analyzes the transmitted message. Itdetermines the use data set 42 for the registered user B in the use databank 41 on the basis of the device code 58 and optionally on the basisof the identification code ID. The central data processing unit 50automatically compares the image 51 or each image 51 of the givingperson P in the transmitted message ErgN with the images 40, 40.1 of theregistered user B, which are comprised by the use data set 41 for theregistered user B. At least some of these images 40, 40.1 weretransmitted as part of the activation image set InB during theactivation phase to the activation device 30 and were added to theactivation data set 32 and then to the use data set 42 for the user B.It optionally compares the transmitted additional identifying feature ofthe giving person P with the additional identifying feature in the usedata set 42.

The central data processing unit 50 decides by image comparison whetherthe breath sample, to which the message ErgN is related, was givenindeed by the registered user B or by another person. Since the images40, 40.1 in the use data set 42 show the registered user B fromdifferent viewing directions, an image 51 in the transmitted messageErgN usually has a sufficiently high degree of agreement with at leastone image 40, 40.1 in this use data set 42, provided that the user Bgave the sample correctly. Otherwise, this sample is not from theregistered user B or was not given correctly.

In one configuration, an authorized person compares, at least if thecentral data processing unit 50 does not determine an agreement, theimage 51 or each image 51 transmitted in the message ErgN with thestored images 40, 40.1 and enters the result of the comparison. Thecentral data processing unit 50 generates now a comparison on the outputunit 48.

A plurality of images 40, 40.1 stored in the use data set 42, which werepreferably generated according to the instruction of the alcoholmeasuring device 100, are compared during the use phase with the image51 in the transmitted message ErgN. These images 40, 40.1 show a humanbeing with a higher resolution than does a reference image 35 in anofficial document, so that the comparison can often be carried outautomatically with a sufficient reliability during the use phase.

The central data processing unit 50 compares the contents of thetransmitted messages with the implementation regulation 37 in thesentence, which is comprised by the use data set 42 for the registereduser B. It decides automatically whether the registered user B complieswith these conditions, especially whether the user gives a breath samplepersonally at the predefined frequency and at the predefined times andwhether the alcohol content in each breath sample is below thepredefined limit, and/or it triggers the step that an authorized personchecks whether the user B has complied with the condition or not.Especially when one of these conditions is not met, the central dataprocessing unit 50 outputs a corresponding message.

In one configuration, the central data processing unit 50 of anauthorized person presents the times at which a person P has to give abreath sample into the device 100, and for each sample given

-   -   the result of the testing for alcohol,    -   the result of the checking of whether this sample was indeed        given by the user B or by someone else,    -   optionally an image 51 of the face of the person P, which was        generated by the image recording device 12 of the person P        giving the sample while the user was giving this sample, and    -   optionally the respective duration and/or the geoposition of the        sampling.

The authorized person decides whether the user B has hitherto compliedwith the condition or not.

In the configurations just described, the central data processing unit50 and, if needed, an authorized person in a center decides during theuse phase by image comparison whether the user B has given a breathsample from himself or herself or whether an attempted manipulationoccurred. This configuration avoids the need to equip the alcoholmeasuring device 100 with a corresponding image comparison unit.

In an alternative configuration, the alcohol measuring device 100additionally comprises such an image comparison unit. The images 40,40.1, which were generated during the activation phase and weretransmitted to the activation device 30, are stored in a local imagedata memory 19 of the alcohol measuring device 100.

In one configuration, the use data set 42 for the user B in the centraluse data bank 41 and/or in the local image data memory 19 is completedafter each successful identification of the user B by the images of theuser B, taken at the time of this identification. This makes it possibleto identify the user B automatically even if the user is graduallychanging, for example, because of hair growth/loss of hair or due togrowing a beard or to scars or because the user is now wearingeyeglasses/not wearing eyeglasses any longer.

The image comparison unit of the alcohol measuring device 100 comparesthe image or each image of the giving person with the stored images ofthe registered user B automatically during the use phase. The alcoholmeasuring device 100 likewise generates a message, which is transmittedto the central data processing unit 50. The central data processing unit50 polls the alcohol measuring device 100 regularly in oneconfiguration. This message likewise comprises the time of sampling andthe result of the testing for alcohol, but not necessarily the image oran image of the giving person P, but it does comprise the result of thechecking of whether the sample was indeed given by the user B. Thisreduces the necessary bandwidth during the data transmission and/orsaves time during the data transmission.

In one configuration, the activation device 30 and, if needed, anauthorized person compare the image 51 of the giving person P with theimages 40, 40.1 of the user B, which are comprised in the use data set42, during the use phase only if the image comparison unit of thealcohol measuring device 100 has not determined an agreement withsufficient certainty.

As was described already, the alcohol measuring device 100 repeatedlytransmits during the use phase a message ErgN to the central dataprocessing unit 50, this message ErgN comprising

-   -   a device code 58,    -   the time t1, t2, . . . of a sampling,    -   the result of the analysis of this sampling,    -   in one configuration at least one image 51 of a person P, who is        giving the sample, and    -   optionally an additional identifying feature of the giving        person P. FIG. 6 shows as an example that the use data set 42 is        completed by the results e1 and e2. These results e1 and e2 were        obtained by the testing unit 6 at the times t1 and t2,        respectively.

The transmitted messages ErgN are analyzed in order to decide from thedistant location automatically and/or by an authorized person whetherthe user B has complied with the condition or each condition in thesentence or in the commitment or not. If the alcohol measuring device100 is defective, it cannot be checked from the remote location whetherthe user B complies with the condition or commitment or not. A user Bcould therefore be tempted to put the alcohol measuring device 100deliberately out of operation in order to consume alcohol in violationof the sentence or commitment without the violation of the condition orcommitment being noticed, because, as a rule, a violation must be provento the user B and the user B does not have to prove that the user hasbehaved correctly. The alcohol measuring device 100 may also becomedefective without this having been brought about by the userintentionally.

The system for monitoring the alcohol measuring device 100, which willbe described below, reduces this risk of an undetected defect. Thissystem can be used for an alcohol measuring device 100, which wasactivated as described, or for another alcohol measuring device, whichis in the possession of the user B, for example, in their privatesphere. The alcohol measuring device 100 likewise comprises an inputunit 3, a testing unit 6 and an image recording device 12 as well asoptionally further above-mentioned components.

The monitoring system may be a part of the alcohol measuring device 100or may be located at a remote location in space from the alcoholmeasuring device 100 or contain parts that belong to the alcoholmeasuring device 100 and parts that are located at a distance in spacefrom the alcohol measuring device 100, and belong, e.g., to an analysissystem located at a distance in space.

A monitoring system, which is located at a distance in space and isconsequently a separate monitoring system, is sent, for example,together with the alcohol measuring device 100 to the user B. In analternative configuration, only the alcohol measuring device 100 is sentat first, and the monitoring system is sent then, when this alcoholmeasuring device 100 has been released for the user B, as was describedabove. It is also possible that the monitoring system is sent to theuser B as a response to the fact that a defect or failure of the alcoholmeasuring device 100 was detected or is suspected.

FIG. 7 schematically shows such a monitoring system 70, which ispermanently connected to the testing unit 1 in the example shown. Thesize of the monitoring system 70 is shown in an exaggerated form. Tothis monitoring system 70 belong

-   -   at least one environmental sensor 71, 72,    -   a data-processing analysis unit 73,    -   a monitoring control device 74,    -   a separate power supply unit 75, and    -   a data transmission unit 76.

The monitoring system 70 is preferably accommodated in a housingoffering protection against heat, moisture, harmful chemical effectsand/or the effect of force. The data transmission unit may be identicalto the above-described communication unit 9, 14 of the alcohol measuringdevice 100 or be a separate data transmission unit 76. The controldevice may be the control device 5, 15 of the alcohol measuring device100 or a separate monitoring control device 74. The power supply unitmay be the rechargeable power supply unit 7 of the alcohol measuringdevice 100 or a power supply unit 75 that is separate in space, whichsupplies exclusively the parts of the monitoring system 70. Theenvironmental sensor 71, 72 or at least one environmental sensor 71, 72or even each environmental sensor 71, 72 may be a part of the alcoholmeasuring device 100 or be located at a distance in space from thealcohol measuring device 100.

The environmental sensor 71, 72 or each environmental sensor 71, 72 ofthe monitoring system 70 is capable of measuring a respective ambientcondition at which the alcohol measuring device 100 is used or could beused. For example, at least one environmental sensor 71, 72 is capableof measuring the following ambient conditions:

-   -   a temperature in the environment of the alcohol measuring device        100,    -   a change in this temperature over time,    -   a humidity in the environment of the alcohol measuring device        100,    -   a change in this humidity over time,    -   a force acting on the alcohol measuring device 100,    -   a change in this force over time, i.e., the acting acceleration,    -   an ambient pressure, which acts on the alcohol measuring device        100,    -   the effect of a harmful substance, e.g., an acid or    -   another chemical effect on the alcohol measuring device 100.

The analysis unit 73 automatically compares the ambient condition oreach ambient condition that was measured by the environmental sensor 71,72 or by a respective environmental sensor 71, 72, to a predefined limitor to another desired range for this ambient condition. In order for thealcohol measuring device 100 to be able to operate as desired, theambient condition must be below a limit or generally in a predefineddesired range. Each or at least one of the following attemptedmanipulations, which a user B (or another person) possibly makes, or oneof the following unintentional actions or events can be detected by thiscomparison:

-   -   The user B puts the power supply unit 7 of the testing device 1        out of operation or fails to recharge this power supply unit 7.    -   The user B exposes the alcohol measuring device 100 to a high or        rapidly rising temperature, for example, by placing into an oven        or on a stove top or by throwing it into a fire.    -   The user B exposes the alcohol measuring device 100 to high        humidity or to a rapidly rising humidity, for example, by the        user B submerging the alcohol measuring device 100 in water or        in another liquid.    -   The user B throws the alcohol measuring device against the wall        or drops it on the floor.    -   The user pours an acid or gasoline or another harmful and/or        combustible liquid over the alcohol measuring device 100.    -   The user B steps on the alcohol measuring device 100 or hits it,        e.g., with a hammer, or the user places a heavy object on the        alcohol measuring device 100 or drives over the alcohol        measuring device 100 with an automobile.

If the analysis unit 73 detects the event that the ambient condition orat least one ambient condition is outside the desired range for thatambient condition, the control device 74 of the monitoring system 70takes the following steps automatically and immediately:

-   -   The monitoring control device 74 generates a signal Sig, which        characterizes the detected event.    -   The monitoring control device 74 prompts the data transmission        unit 76 to transmit a message AN with this generated signal Sig        to at least one predefined receiver located at a distance in        space. This receiver is, for example, the central data        processing unit 50 in a center, which monitors released alcohol        measuring devices in the possession of users from a remote        location.

In one configuration, the monitoring control device 74 prompts, inaddition, the output unit of the alcohol measuring device 100 to outputa message, which characterizes the detected event. The user B isinformed thereby of the inadmissible ambient condition. The inadmissibleambient condition may also occur without the user B having intended itto happen.

The monitoring control device 74 of the monitoring system 70 prompts, inaddition, the data transmission unit 76 to transmit a message iO_N tothe receiver located at a distance in space at regular intervals, forexample, every 12 or 24 hours, wherein this message iO_N indicates atrouble-free operation of the alcohol measuring device 100. If thismessage iO_N is not transmitted, it is possible, in particular, todetect the event that a user B fails to charge the rechargeable powersupply unit 7, 18 of the alcohol measuring device 100 or has destroyedthe alcohol measuring device 100, without the data transmission unit 14,16 still having been able to send a message.

As was described above, the monitoring system 70 comprises a separatepower supply unit 75 or uses, for example, a power supply unit 7 or 18of the alcohol measuring device 100. A user B could attempt to put thealcohol measuring device 100 proper or the monitoring system 70 out ofoperation by removing these power supply units 7, 18, 75 from themonitoring system 70 or from the alcohol measuring device 100, so thatneither the monitoring system 70 nor the alcohol measuring device 100will function. The following configuration reduces the risk that theuser B can do this undetected. A safeguard for the power supply unit 7of the testing device 1 will be explained as an example.

A microswitch 78 (tamper switch) seals the housing 77, in which thepower supply unit 7 of the testing device 1 is accommodated. Thismicroswitch 78 comprises, for example, a beveled switch. This housing 77is closed during the regular operation, and the beveled switch 78 ispermanently pressed, e.g., against the force of a spring 79. If anyoneattempts to open this housing 77, the microswitch 78 is also moved,e.g., by the force of the spring 79. A contact switch 80 detects theevent that the housing 77 is opened, e.g., by the contact switch 80detecting a movement or a certain position of the microswitch 78. Inresponse to the detection of this event, the control device 74 generatesa signal Sig, which characterizes the opening of the housing 77, andprompts the data transmission unit 76 to transmit an alarm message ANwith this signal Sig to the receiver 50 located at a remote location inspace. This process is carried out in many cases so rapidly that thealarm message AN is sent before the power supply unit 7 is removed fromthe housing 77 and the data transmission unit 76 possibly also ceases asa result to be supplied with electricity any longer.

In one configuration, the alcohol measuring device 100 comprises,furthermore, at least one mechanical sensor, which changes its stateirreversibly when the alcohol measuring device 100 is exposed to aninadmissible ambient condition. The mechanical sensor makes it possibleto detect at least one inadmissible ambient condition after the eventand to prove it in court if needed. Examples of such mechanical sensorsare:

-   -   A glass tube in the interior of the alcohol measuring device 100        or another element, which is more fragile than the rest of the        alcohol measuring device 100, breaks if the alcohol measuring        device 100 is subjected to an unacceptably strong force or        acceleration or ambient pressure or other mechanical stress.    -   A first indicator paper changes its color at high humidity.    -   A second indicator paper changes its color at high temperature.    -   A third indicator paper changes its color under the influence of        a certain substance, which is harmful for the alcohol measuring        device 100.

While specific embodiments of the invention have been shown anddescribed in detail to illustrate the application of the principles ofthe invention, it will be understood that the invention may be embodiedotherwise without departing from such principles.

LIST OF REFERENCE CHARACTERS

-   -   1 Mobile testing device of the alcohol measuring device 100; it        comprises the testing unit 6, the input unit 3, the power supply        unit 7 in the housing 77, the contact points 8, the wireless        communication unit 9, the control device 5 and the housing 4    -   2 Base station of the alcohol measuring device 100; it comprises        the image recording device 12, the output unit 13, the wireless        communication unit 14, the control device 15, the wired        communication unit 16, the coupling point 17, the contact points        11, the power supply unit 18, the optional image data memory 19,        the light source 20, the distance sensor 21 and the housing 10    -   3 Input unit of the testing device; it makes it possible for a        person to give a breath sample    -   4 Housing of the testing device 1    -   5 Control device of the testing device 1    -   6 Testing unit of the base station 2; it tests the content of        alcohol in a given breath sample    -   7 Power supply unit of the testing device 1; accommodated in the        housing 77    -   8 Contact points of the testing device 1; with the testing        device 1 inserted, they are in contact with the contact points        11 of the base station 2    -   9 Wireless communication unit of the testing device 1    -   10 Housing of the base station 2    -   11 Contact points of the base station 2; with the testing device        1 inserted, they are in contact with the contact points 8    -   12 Image recording device of the base station 2; it generates        images of a person P, who uses the testing device 1 and gives a        breath sample    -   13 Output unit of the base station 2; it outputs messages        perceptible for a human being    -   14 Wireless communication unit of the base station 2    -   15 Control device of the base station 2    -   16 Wired communication unit of the base station 2    -   17 Coupling point of the base station 2; it connects the base        station 2 to a stationary power supply grid    -   18 Power supply unit of the base station 2    -   19 Image data memory of the base station 2, in which images of a        giving person are stored, wherein these images have been        generated by the image recording device 12    -   20 Light source of the base station 2; it illuminates the area        in front of the image recording device 12    -   21 Distance sensor of the base station 2; it measures the        distance to an object located in front of the image recording        device 12    -   30 Activation device; it comprises the central computer 33, the        wired communication unit    -   34, the output unit 38 and the input unit 39; it has read access        and write access to the activation data bank 31 at least at        times    -   31 Activation data bank of the activation device 30; it        comprises the activation data set 32 for the user    -   32 Activation data set for the user B in the activation data        bank 31; it comprises the identification code ID, the reference        image 35, the copy 36 of the sentence and the implementation        regulation 37 and later the device code 58 as well as optionally        an additional identifying feature of the user B    -   33 Central computer of the activation device 30    -   34 Wired communication unit of the activation device 30    -   35 Reference image of the user B; it belongs to the activation        data set 32    -   36 Copy of the sentence of the user B    -   37 Computer-evaluable implementation regulation, which specifies        when the user B must give a breath sample into the alcohol        measuring device 100; it belongs to the activation data set 32        and to the use data set 42    -   38 Output unit of the activation device 30    -   39 Input unit of the activation device 30    -   40 Image that the image recording device 12 generates of a        person P who gives a sample during the activation phase; it also        shows a part of the alcohol measuring device 100    -   40.1 Additional image of the face of person P; it does not show        the alcohol measuring device 100.    -   41 Use data bank, to which the central data processing unit 50        has read access and write access; it comprises the use data set        42    -   42 Use data set for the user B in the use data bank 41    -   43 Central computer of the central data processing unit 50    -   44 Wired communication unit of the central data processing unit        50    -   48 Output unit of the central data processing unit 50; it        comprises a screen    -   49 Input unit of the central data processing unit 50; it        comprises, e.g., a mouse    -   50 Central data processing unit used during the use phase; it        comprises the output unit 48 and the input unit 49; it has read        access and write access to the use data bank 41    -   51 Image of a person P who gives a breath sample; it is        generated during the use phase    -   58 Device code of the alcohol measuring device 100    -   70 Monitoring system; it comprises the environmental sensors 71,        72, the analysis unit 73, the data transmission unit 76, the        power supply unit 75, the monitoring control device 74, the        microswitch 78, the spring 79 and the contact switch 80; is        capable of generating an alarm message AN    -   71, 72 Environmental sensors of the monitoring system 70    -   73 Data-processing analysis unit of the monitoring system 70; it        analyzes signals from the environmental sensors 71, 72    -   74 Separate monitoring control device of the monitoring system        70    -   75 Power supply unit of the monitoring system 70    -   76 Separate data transmission unit of the monitoring system 70    -   77 Housing for the power supply unit 7 of the testing unit 1    -   78 Microswitch; it locks the housing 77    -   79 Spring, which holds the microswitch 78 in a locked and        sealing desired position    -   80 Contact switch, which detects the event that the microswitch        78 has been moved out of the desired position    -   100 Alcohol measuring device; it comprises the testing unit 1,        the base station 2 and optionally the monitoring system 70; it        has the device code 58; it is released for the user B    -   AN Alarm message, generated by the monitoring system 70 in case        of an inadmissible ambient condition; comprises the signal Sig    -   B Registered user, who must use the alcohol measuring device 100        according to a condition    -   B.1, . . . , B.N Images of the activation image set InB    -   B.k1, . . . , B.kM Images of the checked activation image set        InB_iO    -   Br.1, . . . , Br.p Predefined viewing directions, which shall        occur in the images of the activation image set InB    -   E1? Decision: Has the message with the activation image set InB        arrived and been authorized in time?    -   E2? Decision: Do all images of the checked activation image set        InB_iO show the same person or different persons?    -   E3? Decision: Is image comparison to be performed automatically        by the central computer 33 or manually by a person at the screen        38:    -   E4? Decision: Does at least one image show the face of the user        B with sufficient certainty?    -   E5? Decision: Does the verified comparison image set VM_ver have        a sufficient number of images?    -   E6? Decision: Do the images of the verified comparison image set        VM_ver show the user B from a sufficient number of different        viewing directions Br.1, . . . , Br.p and under a sufficient        number of different light conditions L1, . . . , Lr?    -   ErgN Message generated during the use phase, which comprises the        result of the testing of a breath sample and is transmitted by        the alcohol measuring device 100 to the central data processing        unit 50    -   Fg Release message with the release of the alcohol measuring        device 100 for the user B    -   G.1, . . . , G.n Groups of images, which show each the face of        the same person    -   G.i0 Group with the lowest degree of non-agreement NÜG(i0)    -   ID Identification code of the user B    -   InB Activation image set; it is transmitted from the base        station 2 to the activation device 30; comprises the images 40        and 40.1    -   InB_iO Checked activation image set; it comprises exclusively        images that show the face of a person P completely and with a        sufficient image quality    -   iO_N Message that the alcohol measuring device 100 is working        correctly    -   L.1, . . . , L.r Predefined different light conditions    -   N_Fg Message that the alcohol measuring device 1200 is not        released for the user B    -   NÜG(i) Degree of non-agreement of group G.i with the reference        images    -   S1 Step: Receiving data on the registered user B    -   S2 Step: Create activation data set 32 for the user B    -   S3 Step: Receiving message with the activation image set InB    -   S4 Step: Checking whether the message received in step S3        comprises a sufficient number of images and whether it is        authorized    -   S5 Step: Sort out from the activation image set InB the images        that do not show the face of a person completely and with a        sufficient quality; it yields the checked activation image set        InB_iO    -   S6 Step: Check whether all images of the checked activation        image set InB_iO show the same person or different persons    -   S7 Step: Set the checked activation image set InB_iO as the        comparison image set VM    -   S8 Step: Group images of the checked activation image set InB_iO    -   S9 Step: Calculate a degree of non-agreement NÜG(i) for each        group G.i    -   S10 Step: Identify the group GA with the lowest degree of        non-agreement NÜG(i0) and use it as a comparison image set VM    -   S11 Step: Calculate a degree of agreement ÜG(i) for each group        B.i    -   S12 Step: Check whether the degree of agreement ÜG(i) is above        the agreement limit    -   S13 Step: Prompt the display of the image B.i and of a reference        image 35 on the screen 38    -   S14 Step: Detect the input by a user    -   S15 Step: Decide on the basis of the user input whether the        image B.i shows the face of the user B with sufficient certainty        or not    -   S16 Step: Check whether the verified comparison image set VM_ver        comprises at least one image for each viewing direction Br.i        (i=1, . . . , p) and for each light condition L.j (j=1, . . . ,        r_)    -   Sig Signal in the alarm message AN; it shows an inadmissible        ambient condition, to which the alcohol measuring device 100 is        exposed    -   ÜG(i) Degree of agreement between image B.i of the comparison        image set VM and the reference images 35    -   VM Comparison image set with images; it comprises exclusively        images that show the face of the user B and that are compared        with the reference images 35    -   VM_ver Verified comparison image set; it comprises exclusively        images that show the face of the user B with sufficient        certainty and which optionally show the testing device 1

What is claimed is:
 1. A process for activating a drug measuring devicefor a user to be tested for drugs, process comprising: providing thedrug measuring device, wherein the drug measuring device comprises aninput unit, by means of which a person gives a user sample into the drugmeasuring device, a testing unit configured to detect a result that acontent of at least one predefined substance in a sample given into thedrug measuring device is above a predefined limit, and an imagerecording device configured to take at least one picture of the personwho is giving the user sample into the input unit; providing anactivation data bank; providing a data-processing activation device,which has read access at least at times and write access at least attimes to the activation data bank, wherein the activation data bank hasan activation data set that is created for the user and the activationdata set comprises a reference image set with at least one predefinedreference image of the face of a user; providing an activation phasecomprising the activation device receiving an activation image setgenerated by the image recording device of a used drug measuring devicecomprising the drug measuring device or another drug measuring devicewith an image recording device, wherein the activation image setcomprises at least one image, which the image recording device of theused drug measuring device has taken and a checking whether the receivedactivation image set meets a predefined release criterion or not,wherein said checking comprises an image comparison between thereference image set for the user and at least one image of theactivation image set received; during the activation phase carrying outthe image comparison automatically with the activation device ortriggering the image comparison at a distant location in space from theactivation device and at a distant location in space from the drugmeasuring device or carrying out the image comparison automatically withthe activation device and also triggering the image comparison at adistant location in space from the activation device and at a distantlocation in space from the drug measuring device such that a result ofthe image comparison is detected, wherein the activation device carriesout the image comparison such that the release criterion is met only ifat least one image of the activation image set has been recognized as animage that shows the face of the user from the predefined referenceimage; with the activation device releasing the drug measuring devicefor the user if the release criterion is met; with the activation devicecompleting the activation data set for the user with at least one imageof the activation image set, which least one image of the activationimage set has been recognized as showing the face of the user if therelease criterion is met; and with the drug measuring device releasedfor the user, using the drug measuring device during a use phasesubsequent to the activation phase for carrying out at least one drugtest with the use of at least one image comprised by the activation dataset for the user.
 2. A process in accordance with claim 1, wherein theactivation device carries out the image comparison such that the releasecriterion is met only if all the images that have been recognized asoriginating from the face of the user are recognized as showing the faceof the user with at least two predefined, different viewing directionsrelative to the image recording device and/or under at least twodifferent light conditions.
 3. A process in accordance with claim 1,wherein: the activation device automatically checks whether all theimages of the activation image set which show the face of a person showat least two different persons or only one person; the activation deviceautomatically divides the images of the activation image set into groupsif the images as a whole show at least two different persons such thatall images of one group show the same person and two images of differentgroups show two different persons; the activation device automaticallyselects a group having images that show the face of the user or makes adetermination that no group consists of images that show the face of theuser; and the activation device automatically carries out the imagecomparison such that the release criterion is met if the groupcontaining the images that show the face of the user meets the releasecriterion.
 4. A process in accordance with claim 1, wherein: during theimage comparison, the activation device triggers at least once a displayof at least one image of the activation image set, which image wasreceived from the drug measuring device, and at least one referenceimage of the reference image set on an output device; and during theimage comparison, the activation device detects an input of a user ofthe output device and the activation device decides depending on atleast one detected input whether the release criterion is met or not. 5.A process in accordance with claim 1, wherein the activation devicecarries out the image comparison such that the release criterion is metonly if at least one image of the activation image set has beenrecognized as an image that shows the face of the user, while the useris giving a sample into the input unit, wherein this image shows theinput unit at least partially.
 6. A process in accordance with claim 1,wherein: the image recording device of the drug measuring device is usedto generate the images of the activation image set; the image recordingdevice of the drug measuring device outputs the images in a formperceptible for a human being; the image recording device of the drugmeasuring device comprises an input for a person; and the imagerecording device of the drug measuring device triggers the transmissionof the activation image set to the activation device in response to theinput.
 7. A process in accordance with claim 1, wherein: the drugmeasuring device is handed over to the user or is made available to theuser prior to the activation phase; the release of the drug measuringdevice riggers a transmission of a message with the release to the drugmeasuring device; and in response to the reception of the releasemessage, the drug measuring device brings itself or is brought into astate in which the drug measuring device can be used for carrying out adrug test.
 8. A process in accordance with claim 1, wherein: after therelease of the drug measuring device for the user the use phase iscarried out with the use of a data processing unit; the data processingunit is used during the use phase and is located at a distant locationin space from the drug measuring device; the data processing unit hasread access at least at times to a use data bank containing a use dataset for the user; the use data set in the use data bank comprises atleast one image of the user; at least two images of the use data setshow the user of the drug measuring device from different viewingdirections and/or under different light conditions; the use data set inthe use data bank is identical to the activation data set for the userin the activation data bank or was generated with the use of theactivation data set; the drug measuring device repeatedly makes possiblea carrying out of a drug test during the use phase; and each drug testalways comprises the steps of a person giving a sample into the drugmeasuring device, the testing unit testing whether the content of thesubstance in the sample given is above the predefined limit or not, theimage recording device of the drug measuring device released for theuser generating at least one image of the person who has given thesample, the image of the person giving the sample being transmitted tothe data processing unit, the data processing unit comparing the imageof the person giving the sample, which image was transmitted from thedrug measuring device, with the at least one image comprised by the usedata set of the user, automatically deciding, depending on the result ofthe comparison, whether the sample was given by the user for whom thedrug measuring device is released or by another person, or triggering adecision to be made and entered, and detecting a result of the decision.9. A process in accordance with claim 8, wherein: the data processingunit has write access at least at times to the use data bank; during theuse phase, the data processing unit receives at least once at least oneadditional image, which the image recording device of the drug measuringdevice released for the user generated at the time of a drug test;during the use phase, the data processing unit checks whether theadditional image or at least one additional image received during theuse phase meets a predefined additional criterion, wherein theadditional criterion is met only if the additional image has beenrecognized as an image that shows the face of the user; and during theuse phase, if the additional criterion is met, the data processing unitcompletes the use data set for the user in the use data bank by theadditional image.
 10. An activation device for activating a drugmeasuring device for a user to be tested for drugs, wherein the drugmeasuring device comprises an input unit by means of which a persongives a user sample into the drug measuring device, a testing unitconfigured to detect a result that a content of at least one predefinedsubstance in the user sample given into the drug measuring device isabove a predefined limit, and an image recording device configured totake at least one image of a person, who gives the user sample into theinput unit, the activation device comprising: a data reception devicehaving read access at least at times and write access at least at timesto an activation data bank with an activation data set for a user, whichcomprises a reference image set with at least one predefined referenceimage, which shows a face of the user, wherein the data reception deviceis configured to receive an activation image set that comprises at leastone image, which was taken by the image recording device of the drugmeasuring device or by an image recording device of another drugmeasuring device, wherein the activation device is further configured:to check whether the received activation image set meets a predefinedrelease criterion; to carry out, at a time of the checking, an imagecomparison between the reference image set for the user and the receivedactivation image set; to carry out the image comparison automaticallyand/or to trigger the image comparison to be carried out at a distantlocation in space from the activation device and at a distant locationin space from the drug measuring device, and to detect a result of theimage comparison; to carry out the image comparison such that therelease criterion is met only if at least one image of the activationimage set has been recognized as an image that shows the face of theuser; if the release criterion is met, to release the drug measuringdevice for the user; and if the release criterion is met to complete theactivation data set for the user with at least one image of theactivation image set, which has been recognized as an image showing theface of the user, wherein the drug measuring device released for theuser can be used in a subsequent use phase to carry out at least onedrug test with the use of at least one image, which comprised by theactivation data set for the user.
 11. An activation device in accordancewith claim 10, wherein: the activation device is a part of the drugmeasuring device; and the activation device is configured to transmit amessage with a result of the carry out the image comparison as towhether the release criterion is met or not to a receiver located at adistant location in space.
 12. An activation device in accordance withclaim 10, wherein: the activation device is configured to transmit amessage for indicating a release to the drug measuring device if thedrug measuring device is released for the user; and the drug measuringdevice can be used for a drug test after the reception of the releasemessage.
 13. An activation device in accordance with claim 10 incombination with the activation data bank to provide an activation unit,wherein: an activation data set for the user is created in theactivation data bank; and the activation data set for the user comprisesa reference image set with at least one predefined reference image,which shows the face of the user.
 14. An activation system comprising:an activation device comprising a data reception device having readaccess at least at times and write access at least at times to anactivation data bank with an activation data set for a user, whichcomprises a reference image set with at least one predefined referenceimage, which shows a face of a user, wherein the data reception deviceis configured to receive an activation image set that comprises at leastone image, which was taken by the image recording device of the drugmeasuring device or by an image recording device of another drugmeasuring device, wherein the activation device is further configured:to check whether the received activation image set meets a predefinedrelease criterion; to carry out, at a time of the checking, an imagecomparison between the reference image set for the user and the receivedactivation image set; to carry out the image comparison automaticallyand/or to trigger the image comparison to be carried out at a distantlocation in space from the activation device and at a distant locationin space from the drug measuring device, and to detect a result of theimage comparison; to carry out the image comparison such that therelease criterion is met only if at least one image of the activationimage set has been recognized as an image that shows the face of theuser; and if the release criterion is met, to release the drug measuringdevice for the user; if the release criterion is met to complete theactivation data set for the user with at least one image of theactivation image set, which has been recognized as an image showing theface of the user, wherein the drug measuring device released for theuser can be used in a subsequent use phase to carry out at least onedrug test with the use of at least one image, which comprised by theactivation data set for the user; a drug measuring device wherein thedrug measuring device comprises: an input unit by means of which aperson gives a user sample into the drug measuring device; a testingunit configured to detecting the result that the content of at least onepredefined substance the user sample given into the drug measuringdevice is above a predefined limit; and an image recording deviceconfigured to take at least one image of the person who is giving theuser sample into the input unit, wherein the drug measuring device isconfigured to transmit at least one image generated by the imagerecording device to the activation device and the activation device isconfigured to activate the drug measuring device.